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P A p"e R S
Relating to the Island of
NANTUCKET,
With Documents relating to the Original
Settlement of that Island, Martha's
Vineyard, and other Islands adjacent,
known as
dukes c o ujvtt,
While under the
€olonj) of jBteto gorfe.
Compiled from Official Records in the Office of the Secretary of
State at Albany, New York.

BY FRANKLIN B. HOUGH,
Member of the Albany Institute.

ALBANY,
MDCCCLVI.

YALE

37, 3 1)
Edition 150 Copies.
Printed for Private Diftribution.

r

tr-t,»7

Presented to

[The Stirling Arms.J

To the Honourable

JOHN V. L. PRUYN,

One of the REGENTS of the UNIVERSITY of the State of New
York, and PRESIDENT of the ALBANY INSTITUTE.

FIE Emulation which has of
late Years been evinced by fe-
f veral of the States, and by nume
rous Societies and Individuals in
every Section of the Country, in the
Prefervation of the Records and Documents
illustrating our Hiftory, affords a pleaiing
Evidence of the Prevalence of an active
Spirit of Inquiry in this ufeful Department
of Knowledge, and forms a marked Era in
our Literature.
Next after the Obligation of leaving a
full and lucid Record of the.prefent Age,
for the Benefit of thofe who are to come

[vij
after us, is that of refcuing from Oblivion
and placing beyond the contingency of
Lofs, the Memorials of former Times, fo
impreffive in LeiTons of Experience, and
fo ufeful in tracing the Origin and Deve
lopment of our Civilization.
Notwithftanding much has been done
to elucidate our early Hiftory, much more
ftill remains to be inveftigated. The Re
cords which from conflicting Claims and
frequent Changes of Boundary and Juris
diction are found scattered through the
Archives of different States, if brought to
gether would afford an ample and satisfac
tory folution of important Events in our
Hiftory, hitherto but imperfectly under-
ftood. The Papers of Citizens who have
held public Stations, if fought out and
placed in public Libraries, would add im-
menfely to our Knowledge of hiftorical
Events, and an extended Syftem of Clafli-
fication, Interchange and Comparifon, re
mains to be carried out, before our duty
to Pofterity is fully performed.

[viij
The field of hiftorical research is truly
great, and although public munificence
may be liberally applied in the promotion
of this object, ftill, from the Extent and
Variety of Subjects relating to our early
Annals, much will yet remain to be
accomplifhed by individual Enterprife,
and it may be fubmitted whether an
Affociation of Subfcribers, on the Plan of
the Ray, Hakluyt, Cavendifh, Camden,
and other Societies in England, might not
be fuftained among us, for the Purpofe of
diftributing among its Members, Memoirs
on fpecial Subjects of American Hiftory.
From the great Amount of Materials, and
the Variety of Subjects embraced in the
propofed Field of Inquiry, Selections might
be made of fuch as would beft illuftrate
obscure but interefting Periods of our An
nals, and if prepared with fuitable Care,
would form a Series of the higheft hiftorical
Value. The prefent Volume, embracing feveral
Documents felected from our State Archives,

[ viii J
relating to an interefting, but hitherto little
known Period in the Hiftory of a Part of
Maffachufetts once under the Government
of New York, may ferve as an Example of
the Materials in our publick Offices and
Libraries, from which many fimilar and
more ample hiftorical Collections might
be formed ; and the Readinefs with which
you have refponded to my Suggeftion by
affuming the Expenfes attending the Pub
lication of this Volume, affords Ground
for Hope that fufficient Liberality will be
found to fuftain fuch an Enterprife.
Very refpectfully yours,
Franklin B. Hough.
Albany r, Nov. i, 1856.

I N T RO D U C TI O N.
EW Perfons who have written
upon the early Hiftory of Nan
tucket and Martha's Vineyard, appear
to have been fully informed concerning
the Origin and Transfers of their Titles,
or the Extent and Nature of their Dependence upon
the Government of New York, previous to their
Annexation to Maffachufetts. A concife Statement
of thefe Facts will aid the Reader in tracing the
Connection and Bearing of the following Papers.
King James I, in the eighteenth Year of his
Reign,1 created the "Council for the Affairs of New
England," known as the Plymouth Company, and
this Council, at the Requeft. of Charles I, in 1635, *
conveyed unto William Earl of Stirling, Secretary
of the Kingdom of Scotland, Pemaquid and its
1 November 3, 162 1. This and all following Dates in this Volume are
in Old Style.
2 April 22. The Charter of this Company was furrendered June 7,
of the fame Year.

B

[X]
Dependencies on the Coafl of Maine,1 together
with Long Ifland and the adjacent Iflands, with
Power of Judicature, faving to the Council the
Oyer and Terminer of Appeals, and yielding a fifth
Part of gold and filver Ores.2
In April, 1637, the Earl of Stirling appointed
James Forrett his Agent or Deputy for felling and
fettling the Iflands between Cape Cod and the
Hudfon River, and in 1641 the latter fold3 for
£4.0 to Thomas Mayhew,4 a Merchant of Water-
town in Maffachufetts, and Thomas Mayhew his
Son,5 the Ifland of Nantucket, with feveral fmall
1 The Papers in the New York Secretary's Office, relating to Pemaquid
are about to be publilhed by the Maine Hiftorical Society, by the Aid of
that State, and under the Direction of the Editor of this Volume.
2 New York Col. Hill, iii, 42. Coll. N. J. Hill. Soc. ii, 38.
3 October 13. Seep. 1. Letter of Matthew Mayhew, 1680. (Coll.
MSS. xxix, Sec. Office.)
4 Mr, Mayhew was born early in 1592, and was a Merchant of
Southampton, England, from whence he emigrated in 1633 or 1634.
He was admitted a Freeman May 14, 1634, and early in 1635 fetded in
Watertown, Mafs., where he owned Mills and a Farm. He was a
Selectman from 1637 to 1643, and a Reprefentative from 1636 to 1644,
when he removed to Martha's Vineyard. He died at that Place in 1682,
at the Age of 90. (Genealogies and Hill, of Watertown, i, 364.)
5 Thomas Mayhew Jr. was educated for the Miniftry and preached to
the Indians. He fettled at Martha's Vineyard in 1642, and was drowned
in a Voyage to England in 1657, at the age of 37. He left three Sons,

[xi]
Iflands adjacent. This Sale was conditioned to the
Payment of fuch an Acknowledgement as might be
fixed by John Winthrop Sen., or any two Magistrates
in Maffachufetts Bay, chofen by the Parties. From
the Uncertainty that was felt as to the Extent of
Accommodation that might be afforded in this
Grant, Forrett by a fubfequent Agreement conveyed
to the fame Parties, Martha's Vineyard and the
Elizabeth Iiles.1
Thefe Iflands being alfo claimed under the Grant
of Sir Ferdinando Gorges, Lord Proprietor of Maine,
the elder Mayhew obtained of Richard Vines,
Steward and Agent of Gorges, a Conveyance of
Martha's Vineyard, for an Acknowledgement to be
agreed upon by Perfons chofen by the Parties.
Forrett, the Agent of Stirling, was called fud-
denly to England, before his Bufinefs was fettled
with Mr. Mayhew, his Place being fupplied by
Andries Forrefter, a Scotchman, who vifited the
Iflands, and made very fair Promifes of a Settlement
of the Title; but going to Manhattan, he was
Matthew, (who fubfequently affirmed a leading Part in the'Affairs of thefe
Iflands) Thomas and John. (Mather's Magnalia, B. vi, 54 ; Mafs. Hilt.
Coll. 2d Ser. hi, 67.) See alfo Note, p. 75 of this Volume.
1 October 23, 1641. Seep. 2.

[xii]
thrown into Prifon by the Dutch, and foon after
wards fent to Holland, from whence he never
returned. l
For feveral Years the Settlement had been limited
to Martha's Vineyard, and the Commiffioners of
the United Colonies voted, in 1 644, that Maffa
chufetts might receive this Ifland within their
Jurifdidtion, if they faw Caufe,2 and this Dependence
was recognized feveral Years. In 1654 this Ifland
was voted to be not within their Limits,3 and until
transferred to the Duke of York, they appear to
have been left to their own Government, although
rather dependent upon that of Gorges.4
In 1659,5 the elder Mayhew admitted nine others
to a joint Partnerfhip in the Ifland of Nantucket,
1 Mr. Forrefler was arrefled at New Amflerdam Sept. 27, 1647, on a
Charge of afTerting the Right of Government in the Dutch Territories on
Long Ifland, having in his PofTeffion a Power of Attorney from Mary
Stirling. After an Examination the following Day before the Council, it
was Decided to fend this pretended Governor to Holland, in die Ship
the Faulconer, as a Prifoner, to defend his Commiffion before their High
MightincfTes. (Vanderkemp's Tranflations from the Dutch, vii, 86, Sec.
Office, Albany.)
2 Coll. Am. Statift. Affociation, i, 46 ; Hazard's Hift. Coll., ii, 1 8.
3 Colonial Rec. Mafs., iv, part 1, page 199.
4 See p. 69. 6May 2d,

[ xiii ]
referving a fmall Part to himfelf ; and in February
following, it was agreed that each Partner might
admit another to an equal Share in Power and
Intereft, not being juflly excepted to by the Reft.
Thefe were known as the Twenty Firft Purchafers
in the fubfequent Records of Nantucket.1 On the
ioth of March, 1660, the firft Indian Purchafe
was made on Nantucket.
At an early Day, their ifolated Pofition leading
the Settlers on Nantucket to feel the Want of
Tradefmen and Seamen, it was determined that ten
other Perfons fhould be admitted, with certain
Privileges, conditioned to their following their
feveral Trades and Profeffions for a fpecific Time,
and becoming actual Refidents, with their Families.
In 1663 the Earl of Clarendon, on Behalf of
James Duke of York, purchafed of Henry, then
Earl of Stirling, his Intereft in his American Grant,2
1 Thefe Shares were fubfequently fubdivided, fb that in 1670 there
were twenty- feven, and in 1792 nearly three hundred, owners of the
Common Fields. In 1792 one Share was entided to keep 720 Sheep;
1 6 Sheep were counted equal to I Horfe, and 8 Sheep to I Ox or Cow.
The Rights then varied from 1 to 1400 Commons Rights. At fhearing
Time each Year, the Overplus of Sheep were killed or removed from the
Ifland. (Mafs, Hifl. Coll. 1 Series, iii, 156.)
2 The Duke of York agreed to Pay £3,500 for the Title, but not
fulfilling this Agreement, he in 1674 granted a Penfion of £300 per

[xiv ]
and in 1664 the Duke received from his Royal
Brother Charles II,2 all that Part of the Main
Land of New England, " beginning at a certain
" Place called or known by the Name of St. Croix,
" next adjoining to New Scotland in America, and
" from thence extending along the Sea Coaft unto
" a certain Place called Petuaquine or Pemaquid,
" and fo up the River thereof to the furthereft
" Head of ye fame as it tendeth Northward, and
" extending thence to the River Kinebequi, and fo
" upwards by the fhorteft Courfe to the River
" Canada northwards : And alfo all that Ifland or
" Iflands commonly called by the feveral Names of
" Matowacks or Long Ifland, fituate, lying and
" being towards the weft of Cape Cod and the
" narrow Higanfetts, abutting upon the maine Land
" between the two Rivers there called or known by
" the feveral Names of Connecticut or Hudfon's
" River, and all the Land from the weft Side of
Annum during the Lifetime of the Earl out of the nett Profits of Revenue
arifing from the Colony. It fubfequendy appearing that there was no
Exccfs of Revenue for paying this Annuity, in 1689 an Order was iffued
for the Arrears to be paid out of Funds of the Colony, the Creditor
being allowed accefs to the Accounts of the Province for fuch Inflection
as he might deem Proper. (N. Y. Col. Hill., iii, 606.)
2 March 12. Sec Patents, i, 109, Sec. Office, Albany.

[XV]
" Connecticut and the eaft Side of Delaware Bay ;
" and alfo thofe feveral Iflands called or known by
" the Names of Martha's Vineyard, and Nantuh.es,
" otherisoife Nantuckett ; together with all the Lands,
'.' Iflands, Soils, Rivers, Harbors, Mines, Minerals,
" Quarryes, Woods, Marfhes, Waters, Lakes, Fifh-
" ing, Hawking, Hunting and Fowling, and all
" other Royalties, Profits, Commodities and He-
" reditaments to the feveral Iflands, Lands and
" Premifes belonging and appertaining." With
this Grant was conveyed the Right of Jurifdiction
and Government in all Things, not inconfiftent
with the Laws of England.
Upon the Eftablifhment of the Englilh in the
Government of New York, Governor Lovelace
fent an Order to thofe holding under the Stirling
Title to produce their Papers, and take out new
ones under the Duke of York. Mr. Mayhew
accordingly attended, was kindly received, appointed
Governor of Martha's Vineyard for Life, and the
People of both Iflands were confirmed in that Form
of Government which they folicited. The fubfe-
quent Proceedings in relation to thefe Iflands, will
be fet forth in the following Pages.
The Admiffion of Artifans and Seamen to a

[ xvi ]
Participation in the Rights of the firft Purchafers
at Nantucket, became fubfequently a fruitful Source
of Difcord, and upon the breaking out of King
Philip's War in 1 675, feveral Englifh Families from
the Main Land came over for a temporary Refidence
and thefe joining the Malcontents, enabled the latter
to gain a Majority in the Election of Magiftrates.
In the previous Year, while the Colony of New
York was again for a fhort Time in the Hands of
the Dutch, thefe Tradefmen had feized the Oppor
tunity of throwing off their Obligations to the firft
Purchafers, and afferted equal Right with them in
every Thing relating to the Affairs of the Settlement,
and upon the Reftoration to the Englifh, both
Parties made a Reprefentation of their Claims to
Governor Andros at New York.
On the Divifion of New York into Counties,
Nov. 1, 1683, Nantucket, Martha's Vineyard,
and the adjacent Iflands were erecled into Dukes
County.1 A Perufal of the Memorials in the following
Pages, will convince the Reader, that this Ifland
was not altogether the Elyfium that has been
1 Dukes County was reincorporated and Nantucket County formed by
Maffachufetts in June, 1695,

[ xvii ]
defcribed by a romantic Writer,1 but that this
" Nurfery for Sailors, Pilots and Fifhermen," was
for many Years diffracted by Quarrels which the
New York Government was too diftant and too
much occupied with its domeftic Affairs, to quiet.
The Orders of the New York Governors appear
to have been obeyed or difregarded according as
they favored or oppofed the Views of the Parties in
Power, and this Authority feems to have loft the
Refpect of the Iflanders, by neglecting to enforce
its Ordinances.2
On the Succeffion of William and Mary to the
Throne of England, a new Charter was granted to
New England, 3 in which Nantucket was expreflly
declared a Part of Maffachufetts. Concerning
Martha's Vineyard, the Language of the Charter
was lefs definite, which gave Rife to an angry Difpute
between the two Colonies, and an Appeal by the
1 " Je obferve avec Plaifir que nulle Sedition, nulle Convulfion politique,
n'a jamais terni la Gloire de cet Etabliffement, et n'a jarnais agite ou
retarde le Bonheur de cette Societe ifolee. (Crevecceur's Lettres d'un
Culdvateur Americaine, ii, 192.
2 The Reader will find an interefting Account of Nantucket in the
Port Folio, 1 feries, v, 39, and in Macy's Hiftory of Nantucket.
3 The fecond Charter of Maffachufetts was granted October 7, 1 69 1 .
It arrived in 1692. C

[ xviii ]
Government of New York to the Deciflon of the
Crown. There had been for many Years a Party upon
the Iflands who preferred the Jurifdiction of Maffa
chufetts, and Oct. 15, 1673, many of the principal
Freeholders of Martha's Vineyard had petitioned
to be tranfferred to that Government.
In preparing thefe Papers for the Prefs, we have,
in moft Cafes, ftrictly adhered to the original Ortho
graphy, adopting a uniform Rule in relation to
Punctuation and the Ufe of Capitals, and inferting
Fac Similes of Signatures, in moft Inftances in which
the Papers copied were in the Hand Writing of their
Authors. The Documents concerning thefe Iflands,
like many pertaining to Delaware, New Jeriey,
Connecticut, &c, are fcattered through nearly every
Volume in the Secretary's Office at Albany, of the
earlier Colonial Period. Reference to Volume
and Page is made in every Inftance excepting in
the Series entitled New York Colonial MSS., which
is not paged. The accompanying Map is traced
from a Chart of the Coaft Survey, and gives an
exact Idea of the Form and relative Pofition of
thefe Iflands. F. B. H.

PAPERS
delating to Jkntudtet, etc.
Deeds from James Fforrett to Thomas
Mayhew and Son.
[Deeds, i, 7 1 ; iii, 64, and iii, 76, Sec. Office, Albany.]
£HESE Prefents doe witneffe, That
I, James Ffqrret, Gent., who was
fent over into thefe parts of Ame
rica, by the Honble Lord Sterling
with a Commiflion for the order
ing and difpofing of all the Iflands
that lyeth between Cape Codd and
Hudfons River, and have hitherto continued his
Agent without any Contradiction, doe hereby
graunt unto Thomas Mayhew at Watertowne, Mer
chant, and to Thomas Mayhew his Sonne, free Liber
ty and full Power to them, their Heyres and Aflignes,
to Plant and Inhabitt upon Nantuckett and two
fmall Iflands adjacent, and to enjoy the faid Iflands
to them, their Heyres, and Aflignes forever. Pro-

vided, That Thomas Mayhew and Thomas May
hew his Sonne, or either of them or their Afligns
doe render and pay yearly unto the HonbIe the Lord
Sterling, his Heyres and Aflignes, fuch an Acknow
ledgement as fhall bee thought fitt by John Win-
throp Efqr the Elder, or any two Magiftrates in the
Maffachufetts Bay, being chofen for that End and
Purpofe by the Hon. the Lord Sterling or his De
puty ; and by the faid Thomas Mayhew and Tho
mas Mayhew his Sonne, or their Aflignes.
Its agreed, That the Governm' that the faid
Thomas Mayhew and Thomas Mayhew his Sonne
and their Aflignees fhall /ett up, fhall bee fuch as is
now eftablifhed in the Maffachufetts aforefaid, and
that the faid Thomas Mayhew and Thomas May
hew his Sonne and their Aflignes fhall have as much
Priviledge touching their Planting, Inhabitting,
and Enjoying, of all and every Part of the Premifes
as by the Patent to the Patentees of the Maffachu
fetts aforefaid, and their Affociates. In Witneffe
hereof I the faid James Fforrett have hereunto fett
my Hand and Seale this 13th Day of October, 1641.
James Fforrett (Seale.)
Witadres: Philip Watson, Gierke.
Robert Corane,
Nicholas Davijbn,
Richd Stillman. [Deeds i, 72, and iii, 65, Secretary's Office.]
Whereas, by virtue of a Commiflion from the
Lord Sterling, James Fforrett, Gent., hath granted

[3]
Liberty and full Power unto Thomas Mayhew, of
Watertowne, Merchant, and Thomas Mayhew his
Sonne, and their Affociats, to plant the Ifland of
Nantuckett, according to Articles in a Deed to that
Purpofe expreffed. Now, forafmuch as the faid
Ifland hath not been yet well furveyed, whereby it
may appeare that comfortable Accommodations for
themfelves and their Affociats will thereby be
found: thefe therefore fhall ferve to teftify that I, the
faid James Fforrett, by vertue of my faid Commis-
fion, doe hereby graunt unto the faid Thomas May
hew and Thomas Mayhew his Sonne, and their As-
fociats, as much [Liberty] to plant upon Martha's
Vineyard and Elizabeth's Ifles as they have by vertue
of a Deed granted unto thern for Nantuckett, as there
in plainly in all Confideration, both on the Right
HonbIe the Lord Sterling's Part, and on the iaid
Thomas Mayhew and Thomas Mayhew his Sonne
and their Affociates doth appeare. And in witneffe
hereof I the faid James Fforrett have hereto fett
my hand this 23d day of October, Anno Domini
1 641. James Forrett.
Philip Wattson, Clarke.
Signed and Delivered in the
Prefence of us :
John Vaham,
his x marke.
Gerret Church.
These are true Copies of Mr. Fforrett's Deeds
to Mr. Mayhew and his Sonne and their Affociates.

[4]
A Deed made to Mr. Mayhew by Richard
Vines.
[Deeds, iii, 66, Secretary's Office.]
I, Richard Vines, of Saco, Gent., Steward GenrI1
for Sir Fferdinand Gorges, Knt, Lord Proprietor of
yc Province of Mayne Land and ye Iflands of Capa-
wock and Nantican,1 doe by thefe Prefents give full
Power and Authority unto Thomas Mayhew, Gent :
his Heyres and Affociates, to plant and inhabitt
upon ye Iflands of Capawock als Martha's Vineyard,
wth all Rights and Priveledges thereunto belonging,
to enjoy the Premifes unto himfelfe his Heyres and
Affociates forever, yielding and paying unto ye faid
Sr Ferdinand Gorges, his Heyres and Aflignes for
ever annually, as two Gent, indifferently by each
of them chofen, fhall judge to be meet by way of
acknowledgment. Given under my Hand this 25th day of October,
1 641.
Witnefs : RlCHD VlNES.
Thomas Page,
Robert Long.
1. Gorges, one of the Plymouth Company, received on its diffolution,
in 1635, the Diftridt between the Pifcataqua and the Kenncbeck, and in
1639 his Title was confirmed by the King with almoft abfolute Powers of
Government (Haz. i, 442; Tr. Me. Hift. Soc. i, 45.) Meafures were
foon taken for eftablifhing civil Jurifdiction, and on the 25th of June,
1640, the firft General Court was held at Saco (lb, 47.) Vines left the
Province in 1645.

[5l
A Graunt from Thomas Mayhew Senr. and
Thomas Mayhew Jimr. to Jno. Dog-
gett, Daniel Pierce, et alys.
[Deeds i, 72, Secretary's Office.]
Whereas Thomas Mayhew Sens, and Thomas
Mayhew Senr. have granted to them by Mr.
James Fforrett and Mr. Richd Vines, the Ifland
of Nantuckett, Martha's Vineyard, and Elizabeth
Ifles, as by their Deeds more plainly appeareth:
This is to certify that wee the faid Thomas and
Thomas doe hereby grant unto John Doggett,
Daniel Pierce and Richd. Beeres, and John Smith,
and Ffrancis Smith with ourfelves to make choice
for the Prefent of a large Towne upon the fame
Terms that wee have it : And alfo equal Power
in Governm1 with us, and equall Power in admis-
flon of all that fhall prefent themfelves to come to
live upon any part of the whole Grant of all the
Iflands; and wee grant alfo to them and their Affo
ciates with us to receive another Townfhipp for
Pofterity upon the fame Terms wee have from the
Grantees. In Witneffe whereof wee have hereto fett our
Hands this 16th day of March, 1641. Now wee
are the Succeffors of thofe Men, and the firft of us
was admitted by their Approbation, and fome pur-
chafed their Lands.

[6]
This wittneffeth that Mr. Mayhew the Elder,
and alfo Mr. Mayhew the Younger have freely
given to the Men now inhabiting upon the Ifland,
viz1 the Vineyard, this Tract of Land following for
a Townfhip : namely, all Tawanquatick his Right,
together wth all the Land as farre as the Eaftermoft
Chapp of Homefes Hole : and alfo the Ifland called
Chappaquidick with full Power to difpofe of all
and every Part of the faid Land as they fee beft
for their own comfortable Accommodations : The
Line is to go from Tequoneman's Neck to the
Eaftermoft Chapp of Homes's Hole. This I doe
acknowledge to bee the fitee Grant of Myfelf and
my Sonne. This is a true Copy of the Town Grant from
Mr. Mayhew, 1644.
Thefe two Grants were firft taken out of the Town
Book by John Birchard, Secretary, when hee lived
on Martha's Vineyard. And thefe are true Coppies
of thofe Coppies Word for Word.
And again wee are the Men inhabiting and their
Heyres, to whom this gift of Land was given, whofe
names follow :
Ifaac Robinfon, Thomas Birchard,
Thomas Trapp, John Bailee,
Nicholas Horton, Thomas Butler,
John Peafe, Jofeph Norton,
Thomas Bayls, Ifaack Norton,
Simeon Athearn.

[7]
Grant for a Townjhip on Martha's
Vineyard.
[Deeds iii, 68, Secretary's Office.]
December 4th, 1646.
This Witneffeth that Mr. Mayhew ye Elder, and
alfo Mr. Mayhew ye Younger, have freely given to
ye Men now inhabiting on ye Ifland, namely, the
Vineyard, this Tract of Land following for a Town-
fhipp : namely, all Tawanquatacks his Right, to
gether wth all ye Land as farr as ye eaftermoft Chap
of Homfes Hole, and alfo all ye Ifland called Chapa-
quegick, w* full Power to difpofe of all and every
Part of yc faid Land as they fee beft for their own
comfortable Accommodation. The Line is to goe
from Tequa-nomans Point to ye eaftermoft Chap
of Homfes Hole. This I doe acknowledge to bee
ye ffree Grant of myfelfe and my Sonn, ye day and
yeare above written.
Decern. 4th, 1646. Per me, Thom: Mayhew.
This above written is a true Coppy, taken out of
ye original Grant by mee, Thomas Daffett, Clerke
for ye Toune Great Harbour on ye Vineyard. As
Witnefs my Hand, June 10th, 1671.
Per Thom: Dassett.

[8]
Deed of Nantucket to Ten Purchafers.
[Deeds iii, 56, Secretary's Office.]
Recorded for Mr. Coffin and Mr. Macy aforeja'
ye Day and Yeare aforesd-
Bee it known unto all Men by these Prefents,
that I, Thomas Mayhew, of Martha's Vineyard,
Merchant, doe hereby acknowledge, that I have
fould unto Triftram Coffin, Thomas May, Chriftopher
Hujfey, Richard Swayne, Thomas Bernard, Peter
Coffin, Stephen Greenleafe, John Swayne, and William
Pike, that Right and Intereft I have in ye Land of
Nantuckett, by Patent ; ye wch Right I bought of
James Fforrett, Gent, add Steward to ye Lord Ster
ling, and of Richard Vines fometimes of Sacho,
Gent., Steward- Gen1"11 unto Sir Georges Knight, as
by Conveyances under their Hands and Seales doe
appeare, ffor them ye aforefaid to Injoy, and their
Heyres and Aflignes forever, wth all the Priviledges
theruento belonging, for and in confideration of ye
Sume of Thirty Pounds of Current Pay, unto whom-
foever I ye faid Thomas Mayhew, mine Heyres or
Aflignes, fhall appoint. And alfo two Beaver Hatts,
one for myfelfe, and one for my Wife. And fur
ther, this is to declare that I the faid Thomas May
hew have received to myfelf that Neck upon Nan
tuckett called Masquetuck, or that Neck of Land
called Nashayte, the Neck (but one) northerly of
Mafquetuck, ye aforefaid Sayle in anywife notwith-

[9]
ftanding. And further, I ye faid Thomas Mayhew
am to beare my Parte of the Charge of ye faid Pur-
chafe abovenamed, and to hold one-twentieth Part
of all Lands purchafed already, or fhall be hereafter
purchafed upon ye faid Ifland, by ye aforefd Pur-
chafrs or Heyres and Aflignes forever. Briefly: It
is thus; That I really fold all my Patent to ye afore
faid nine Men, and they are to pay mee, or whom-
foever I fhall appoint them, ye Sume of Thirty
Pounds in good Merchantable Pay in ye Maffachu
fetts, under wch Governm1 they now Inhabit, and
2 Beaver Hatts, and I am to beare a 20th Part of
ye Charge of ye Purchafe, and to have a 20th Part
of all Lands and Priviledges ; and to have wch of
ye Necks abovefd that I will myfelfe, paying for it;
only ye Purchafers are to pay what ye Sachem is to
have for Masquetuck, although I have ye other
Neck. And in Witnefs hereof, I have hereunto fett my
Hand and Seale this fecond Day of July, fix-
teen hundred and fifty-nine, 1659,
Per me, Tho: Mayhew.
Witnejs, John Smyth,
Edward Seale.

[IO]
Deed of Tuckanucket If and. l
[Deeds, iii, 57, Secretary's Office.]
Recorded for Mr. Coffin and Mr. Macy aforefaid ye Day and
Yeare aforewritten.
The tenth Day of October, one thoufand fix
hundred fifty and nine ; Thefe Prefents Witnefs,
That I, Thomas Mayhew, of Martin's Vineyard,
Merch', doe Give, Grant, Bargaine, and Sell, all
my Right and Intereft in Tuckanuck Ifland, als
Tuckanuckett, which I have had, or ought to have,
by Vertue of Patent Right, purchafed of ye Lord
Stirling's Agent and of Mr. Richard Vines Agent,
unto Sir Fferdinando George, Knight, unto Trif-
tram Coffin Sr, Peter Coffin, Triftram Coffin Junr,
and James Coffin, to them and their Heyres fore
ver, ffor and in confideracon of yc juft Sume of
fix Pounds in Hand paid, and by mee Thomas
Mayhew, received in full Satisfaction of ye aforefaid
Patent Right, of ye aforefaid Ifland.
And in Witnefs hereof, I have fett my Hand
and Seale. Per me, Thomas Mayhew.
Witnefs hereunto,
Roger Wheeler,
George Wheeler.
1 The Head Chief of Nantucket, Wamachmamack, fold to the above
Grantees, Feb. 20, 1 66 1 , half of this Ifland for £ 1 o, one-half paid down,
and the reft when Thomas Mayhew fhould decide who was the right
Owner. Deeds, iii, 53, Sec, Office.

[II]
Several Grants and Difpofals of Land
upon Nantucket.
[Deeds, i, 74, Secretary's Office.]
Whereas there was a Purchafe made of ye Pa
tent Right of the Honble Lord Sterling, had of, or
in, the Ifle of Nantuckett, by Mr. Thomas Mayhew
of Martha's Vineyard, who fold his Intereft thereof
unto Triftram Coffin Senr., Thomas Macy, Richd
Swayne, Thomas Barnard, Peter Coffin, Chrifto-
pher Huffey, Stephen Greenleafe, Jn° Swayne, and
Wm Pike; the abovefaid Mr. Mayhew referving
unto himfelfe a twenty eth Part of the Patent Right:
And alfo became a Purchafer w* thofe nine Men
before named, of all Indian Rights that have been
purchafed; Soe that the ten, (viz1 Mr. Thomas
Mayhew, Triftram Coffin, Thomas Macy, Richard
Swaine, Thomas Barnard, Peter Coffin, Chrifto-
pher Huffye, Stephen Greenleafe, John Swayne,
and Willm Pike,) had the whole and fole Intereft,
Difpofall, Power, and Priviledge of the faid Ifland,
and Appurtenances thereof, &c.
At Salifbury,
February: -59.
At a Meeting of the faid Purchafers, or
the major Part of them, approved of and allowed by
the reft, together w^fome others that were owned
for Affociates, as will hereafter appeare ; it was

[12]
agreed, and determined, and appointed as followeth,
viz1 That thefe ten Owners will admit of ten more
Partners, who fhall have equal Proportion, Power,
and Intereft with themfelves ; And that either of
the Purchafers aforementioned fhall have Liberty
to take a Partner whom he pleafe, not being juftly
excepted againft by the reft. At the Meeting was
owned Partner with Chriftopher Huffye, Robert
Pyke ; Robert Barnard was owned a Partner with
Thomas Barnard ; Edward Starbuck was owned to
bee Thomas Macy's Partner ; and Triftram Coffin
Junr. Partner with Stephen Greenleafe ; and James
Coffin Partner with Peter Coffin.
At the fame Meeting, It was Ordered and De
termined, that there fhould bee ten other Inhabit
ants admitted into the Plantation, who fhall have
fuch Accommodations as the Owners or Purchafers
fhall judge meet, as namely, neceffary Tradefmen
and Seamen.
At a Meeting of the Owners of the Ifle of Nan
tuckett at Salifbury, May the ninth, a thoufand fix
hundred flxty-one,
It was Ordered, That all the Lands, that is fitt
for Arable Land, convenient for Houfe Lotts, fhall
bee forth meafured, that the Quantity thereof may
be knowne, which being done fhall be divided by
equall Proportion, that is to say, four-fifth Pieces to
the Owners or Purchafers, and the other fifth
Parts to the ten other Inhabitants.

[i3]
July 15, 1 66 1.
At a Meeting on Nantuckett of the
Owners or Purchafers inhabiting here, Mr. May
hew being prefent, and Mr. Ffolger: It was Agreed
and Concluded, that each Man of the Owners or
Purchafers fhall have Liberty to choofe his Houfe
Lott on any Place within our Limits, not formerly
taken up, and that each Houfe Lott fhall conteyne
fixty Rodd fquare to a whole Accommodation, or
Share, or the Value of it.
July 20th, 1662.
These Witneffe: That wee whofe Names are
underwritten, doe Give and Graunt unto William
Worth,1 Sayler, half a Share of Land, and Mead
ows, and Marfhes, Wood and Timber, and all
Manner of Priviledges and Appertenances thereto
belonging, upon the Ifland of Nantuckett, both
Houfe, Lott, and all other Divifions of Lands, and
Meadows, Wood, and Timber, and Commonages :
Wee fay, halfe as much as any one of the twenty
firft Purchafers have both in Plantation and Patent
Right, to him the faid William Worth, his Heyres
and Aflignes, forever: Vpon Condition that he
pay his Proportion of all Charges of purchafing the
Patent and Indyan Right, and alfo other neceffary
1 William Worth emigrated from Devonfhire, England, in 1 640. The
late Major-General William J. Worth, of the United States Army,
was a Defcendant of this Perfon. (Raymond's Lives of Diftinguifhed
Men of Columbia County, p. 79.)

[H]
Charges concerning the Englifh Rights ; and alfo
to come and dwell on the Ifland, and to employ
himfelfe, or bee employed on the Sea for himfelfe,
or fuch Perfon or Perfons as are inhabiting on the
Ifland, or any of the Purchafers at fuch Seafons as
are convenient; And for fuch Hire as they fhall
agree upon, which fhall be according to Reafon,
and not to leave the Ifland for three Years Time
after the Date hereof.
John Bifhop, Thomas Macy,
John Holt, Robert Barnard,
Edward Starrbuck, Thomas Collman,
Richard Swayne, Thomas Mayhew,
Nathaniel Starbuck, Peter Coffin,
John Swayne, Triftram Coffin Jun.,
Stephen Greenleafe, for Wm. Pike 2 fhares.
Triftram Coffin Senn-formyfelfe and five more em
powered, Imprimis.
March 15, 65 66,
At a Meeting of the Inhabitants a Grant
was made to Jofeph Collman of halfe a Share of
Accommodation out of the Grant made to the Sea
men and Tradefmen, on Condition that hee fhall
attend the Occafions of the Ifland, while he liveth
on the Ifland : And if hee fhall at any Time think
meet to leave the Ifland, deliver up all his Accom
modation to the Company, if they will pay him
for it as much as a Stranger. And if he leave the

[i5l
Ifland and dwell elfewhere within three Yeares, his
Grant is forfeit.
March the firft, ^3
Thomas Macy doth engage himfelfe as
one of the Number of the Tradefmen, namely, to
supply the Occafions of the Ifland in the Trade of
Weaving, for the Benefit of the Inhabitants as well
as of himfelfe, and hath a Tradefman's Halfe Share
of Accommodations granted to him in Confideracon
thereof, as well as to William Worth and the reft.
March 22, ^ 67-
At a Meeting of the Inhabitants a Grant
was made to Richard Gardner, halfe Accommoda-
cons, according to the Grants made to Seamen and
Tradefmen, upon Condition that hee exercife him
felfe as a Sea-man, and that hee come to Inhabitt
here with his ffamily before the End of May, -68.
And after that his Entrance here, not to depart the
Ifland in Point of dwelling, for the Space of three
Yeares, upon the Forfeiture of the Grant aforefaid.
ffeby 15 : 67.
At a Meeting of the Inhabitants a Grant
was made to Jofeph Gardner, half a Share of Ac-
commodacons anfwerable to the other Tradefmen,
on Condition that hee Supply the Occafions of the

[i6]
Ifland in the Way of Shoo-maker. And likewife
that hee fhall not leave the Ifland in Poynt of
dwelling for the fpace of four Years. Or if it foe
fall out that hee fhall remove off from the Ifland
within the aforefaid Terme, that then hee fhall
leave the faid Accommodation to his Brother Rich
ard: Vnto the faid Richard the Company doth
Grant ye Accommodations afore-mentioned, on the
Terms aforementioned, that he fupply the Occations
of the Ifland in Way of a Shoo-maker.
Novem. 29th, 1670.
A Grant was made to Nathaniel Holland
of a Tradefman's Accommodation, upon Condition
that hee employs himfelfe in the Trade of a Taylour,
and bring his ffamily to ye Ifland before next Winter,
and that hee build and fettle amongft us as an Inha
bitant.1 All thefe Particulars are true Copies.
Peter Foulger, Clarke.

1 The prominent Part fubfequendy taken by the above Tradefmen and
Seamen in Controverfies with the original Patentee and his Affociates,
renders thefe Documents important in the early Annals of thefe Iflands.
Numerous other Deeds, Releafes, &c, of later Date are on Record at
Albany.

[i7]
Captn. Gardner's Graunt.
[Deeds i, 7, Secretary's Office.]
The 5th of Augft 72.
A Grant was made by the Towne, the
flteeholders, Inhabitants, Purchafers, and Affociats,
now inhabiting upon this Ifland, unto Mr. John
Gardner, of Salem, Mariner, a Seaman's Accommo
dation, wth all Appurtenances belonging unto it as
fully as the other Seamen and Tradefmen have in
their former Grants, upon Condition that hee come
to inhabitt and to fett up the Trade of ffifhing, with
a fufficient Veffel, fitt for the taking of Codd-ffifh :
and that any of the Inhabitants fhall have Liberty
to joyne in fuch a Veffell with him, that is to fay,
an eighth Part, or a quarter Part, or more, or leffe,
and that the aforefaid John Gardner fhall ufe his
beft Endeavour to profecute the ffifhing Trade to
Effect in the fitt Seafons of the Yeare: And if hee
fee Caufe to depart from the Ifland within three
Yeares after the Time that he fhall come to Inhabitt,
that then the Lands fhall returne into the Hands
of the aforefaid Granters, they paying for all neces-
fary Buildings or ffencing that are upon it, as it
fhall be judged worth. Alfo, the faid John Gard
ner is to bee here with his ffamily at or before the
laft Day of Aprill, 74, or elfe this Grant to bee
void. This is a true Copy by mee.
Peter Foulger.

[i8]
India7t Deed of Nantucket. j
[Deeds iii, 54, Secretary's Office.]
Recorded for Mr. Triftram Coffin and Mr. Thomas Macy,
ye 29th of June, 1671 aforejaid.
Thefe P^fents Wittnefs, yl I, Wanackmamack,
Head Sachem of ye Ifland of Nantuckett, have Bar
gained and Sold, and doe by thefe Prefents Bargaine
and Sell unto Triftram Coffin, Thomas Macy,
Richd Swayne, Thomas Bernard, John Swayne, Mr.
Thomas Mayhew, Edward Starbuck, Peter Coffin,
James Coffin, Stephen Greenleafe, Triftram Coffin
Junr, Thomas Coleman, Robert Bernard, Chrifto-
pher Huffey, Robert Pyke, John Smyth, and John
Bifhop, thefe Iflands of Nantuckett, namely, all ye
Weft end of ye aforefd Ifland unto ye Pond comonly
called Waquittaquay, and from ye Head of that Pond
to ye North fide of ye Ifland Manamoy; Bounded
by a Path from ye Head of ye Pond aforefaid to
Manamoy ; as alfo a Neck at ye Eaft End of ye Ifland
called Poquomock, wth the Property thereof, and all
ye Royaltyies, Priviledges, and Immunityes thereto
1 There are on Record in the New York Secretary's Office, about fif
teen Indian Deeds of Tradls on thefe Iflands, which the Limits of this
Work will not allow us to infert. The earlicft of thefe, certified in 1665
to have been executed in 1653, (Deeds iii, p. 66, Sec. Office), conveyed
to Thomas Mayhew the Younger, an undefined Trail on Nantucket, for
£15, referving half of the drift Whales. Numerous Conveyances of the
Latter, on the Shores of Long Ifland, are on Record.

[i9]
belonging, or whatfoever Right I ye aforefd Wan-
ackmak have, or have had in ye Same: That is, all
yc Lands aforemenconed and likewife ye Winter
ffeed of ye whole Ifland from ye End of an Indyan
Harveft untill Planting Time, or ye firft of May,
from Yeare to Yeare for ever ; as likewife Liberty
to make Ufe of Wood and Timber on all Parts
of ye Ifland ; and likewife Halfe of the Meadows
and Marifhes on all Parts of yc Ifland, wmout or
beside ye aforefd Tracts of Land purchafed ; And
likewife ye ufe of ye other Halfe of ye Meadows
and Marifhes, as long as ye aforefaid Englifh their
Heyres or Aflignes live on ye Ifland ; And likewife
I the aforefaid Wanackmamack doe fell unto ye
Englifh aforemenconed ye propriety of ye reft of ye
Ifland belonging unto mee, for and in confideracon
of ffourty Pounds already received by mee or other
by my Consent or Ordr. To Have and to Hold,
ye aforefd Tracts of Land wth ye P'priety, Royalties,
Immunityes, Priveledges and all Appertenances
thereunto belonging to them ye aforefd Purchafrs
their Heyres and Aflignes forever.
In Witnefs Whereof, I the aforefd Wanackma
mack have hereunto fett my Hand and Seale
ye Day and Yeare above written.1
The Signe of Wanack-mamack.
Signed, Sealed and Delivered in ye prJ"ence of
Peter Foulger,
Eleazer Foulger,
Dorcas Starbuck.
1 Feb. 20, 1 66 1, the date of preceding Deed on Record.

[20]
Extracts from Council Minutes. '
[Council Minutes, iii, Secretary's Office.]
At a Councell held at ye
ffort, May ye 14, 1670.1
Prefent, The Governour, Mr. Willett,
Mr. Delavall, The Secretary.
Mr. Mayhew's Buflnefs of Martin's Vineyard to
bee taken into confi deration firft.2
A Letter from Mr. Mayhew produced and read,
wherein hee deflres to bee refolved in what Nature
Martin's Vineyard and thofe Parts are, as to Gov
ernment. The Patent of the Duke includes Martin's Vine
yard, and thofe other Ifles.
It is ordered, That a Letter be fent to Mr. May
hew, to defire him, according to his Proffer, to
take a Journey hither, to confult about thofe Parts
and their Settlem1, and that hee give Notice to
1 Council Minutes, iii, 26.
2 The earliefl Letter we have found from the Governor of New York
to thefe Iflands, was in 1 667, relating to the feizure by Indians of a Veffcl
wrecked on one of the Elizabeth Ifles (Coll. Hifl. N. Y., iii, 168.) In
1669, a Bark owned by a Mr. Cutts of Pifcataway, laden with Barba
does Goods, was wrecked on the Vineyard, and all on Board loft. Part
of the Cargo was faved, and the Bark was refitted, Gov. Lovelace of
New Yo;k receiving no returns of this Affair, wrote, Sept. 7, 1669, to
Mr. Mayhew for full Details, and requelled him to come to fome Under-
ftanding of their Relations. (Orders, Warrants, Letters, 1665-91, p. 523,
Sec. Office.) The above Extracts fhow the fubfequent Aftion of the
Parties.

| 21]
thofe of Plymouth Colony, Rhode Ifland, or any other
that have any Prtences, or lay Clayme to, any of
thofe Iflands, to lett them know that within the
Space of two Months, ye Governor intends to fettle
thofe Parts, foe that they may doe well to come
or fend fome Agent to act for them, otherwife after
that Time all ye Pretences or Claymes will bee ad
judged of noe Validity.
Mr. Mayhew is to bee defired to bring all his
Patents, Writings, and other Papers relating here
unto, with him.
The Duke's Patent, wherein Martin's Vineyard 'is
included, is fhewn to young Mr. Mayhew.1
The Govern^ Letter to Mr. Mayhew.
[Court of Affize, ii, 533, Sec. Office.]
Mr. Mayhew :
I received yor L're by yor Grandchild,, wherein I
am informed upon what Termes you have hitherto
held yor Land at Martin's Vineyard and Parts adja
cent, but ye Prtences of Sr. Fferdinando Gorges and
ye Lord Sterling, being now at an end, and his
Royall Highneffe abfolutely invefted in ye Right to
thofe Iflands, ye Inhabitants are henceforth to have
Directions of their Governm1 from this Place. I
doe admire, it hath beene fo longe before you haue
made yor Application to me, fince yor addrefling
1 Referring to Matthew, Grandfon of Thomas Mayhew.

[22]
yo'felfe for Reliefe againft ye Indians in a Bufineffe
of a Wreck to my Predeceffor, and his Comiffion
to you thereupon, did intimate an Acknowledge
ment of being under his Royall Highneffe his Pro
tection.1 Upon Notice this laft Yeare of ye like
Misfortune of a Wreck upon your Ifland, I fent
Directions to you how to proceed thereupon, of
wch I expected an Account, but have as yett heard
nothing of it, but when you come hithr as you pro-
pofe,and wch I very much defire, I make no Queftion
of receiving Satisfaction therein from you, as well
as in diverfe other Perticulers. You may pleafe
to take yor beft Tyme of coming this Sumer, as
you fhall fynde yorfelfe difpofed. I pray bring all
yor Patents, Deeds, or other Wry tings, wth you, re
lating to thofe Partes, by ye wch and by or Confulta-
tion togeth1" I may receive fuch Inteligence of ye
Affairs there as I may ye bett1" take Ordr for ye fu
ture good Settlem1 of thofe Iflands.
As to any Ptenders who lay Clayme to any of
them wch are deemed to bee w^in ye Duke's Patent,
I have thought fitt to appoint Months Time
for all Perfons within this Governm1 or without,
eithr by themfelves or their Agents, to appeare here
before me to make good their Claymes of Pretences,
ye wch [f any 0f them fhall neglect to doe, (haueing
timely Notice thereof,) fuch Claymes or Prtences will
be adjudged of no Validity: I have in Part discourft
1 See Note, page 20.

[23]
of thefe Affaires wth yor Grandchild, but refer the
Remaind1- untill yor Arrivall here where you fhall
receive a very hearty Welcome, and all due En-
couragem1 as to yor perticuler Concernes, from
Yor affectionate humble Servant,
Frans: Louelace.
Fort James in N. Yorke,
May ye 16 th, 1670.
I pray fend Copies of ye enclofed Order of Notice
to all thofe about you who are concerned.
Notice given to all Perfons concerned in ye
Land called Martyn's Vineyard, to ap^
peare in New Yorke.
[Court of Affize, ii, 538, Sec. Office.]
Thefe are to give Notice to all Perfons concerned,
who lay Clayme or have any Prtence of Intereft in
Martyn's Vineyard, Nantuckett, or any of ye Eliza
beth Ifles neare adjacent, and wthin his Royall High-
nefs his Pattent, that they appeare before me in
Perfon or by their Agents to make Proofe of fuch
Claymes and Prtences w*in ye fpace of 4 months
after ye date hereof.
In default whereof all such Claymes or Prtences
aftr yc Expiration of ye faid Time fhall be deemed
and adjudged invalid to all Intents and Purpofes.
Given undr my Hand and Sealed wth ye Seale of the

[24]
Province, at Fort James in New Yorke, this 1 6th
day of May, in ye 22th Yeare of his Maties Reigne,
Annoq Domini, 1670. Frans: Lovelace.

Two Letters or Certificates from the Inhabit
ants of Nantucket.
[Deeds iii, 58, Secretary's Office, Albany.]
Recorded for y° aforejaid Mr. Coffin and Mr. Macy, 2 Lives
on Certificates, from y" Inhabitants of Nantuckett, as follow-
eth, viz*.
Whereas yc HonbIe Coll : Lovelace, Governour
of New Yorke, gave forth his Summons for ye In
habitants of ye Ifle of Nantuckett to make their
Appearance before his Honor at New Yorke, either
in their own Perfon or by their Agent, to fhew
their Claymes in refpect to their Standing or
Clayme of Intereft on ye aforefaid Ifland. Now
wee whofe Names are underwritten having intrufted
our ffather Triftram Coffin to make Anfwer for us,
Wee doe Empower our ffather Triftram Coffin to
act and doe for us wth ye Hond Govern1" Lovelace,
foe far as is Juft and Reafonable, wtn Regard to our
Intereft, on ye Ifle of Nantuckett and Tuckanuckett .
Witnefs our Hands ye 2d Day of ye fourth Month,
fixteen hundred and feventy-one, 1 67 1 .
James Coffin,
Nathaniel Starbuck,
John Coffin,
Stephen Coffin.

[25]
This is to Signify that ye Inhabitants of Nan
tuckett have chofen Mr. Thomas Macy their Agent
to Treat wth ye Honble Coll : Lovelace concerning
ye Affayres of ye Ifland, to Act for them in their
Behalfe and Stead, and in all Confideracons to doe
what is neceffary to be done in reference to ye Pre-
mifes, as if they themfelves were Perfonally prefent.
Witnefs their Hands, dated June 5th, 1671.
Edward Starbuck,
Peter Ffotjlger,
John Rolfe.
The Inhabitants aforefd doe alfo in ye name of ye
reft, defire Mr. Triftram Coffin to aflift their aforefd
Agent what hee can in ye matter or Bufynefs con
cerning ye Ifland Nantuckett.

Propofalls to ye Governor from ye Inhabitants
o/Nantuckett about settling that Govern
ment.
[Deeds iii, 59, Secretary's Office.]
Imprimis, Wee humbly propofe Liberty for ye
Inhabitants to chufe annually a Man or Men to be
Chiefe in ye Governm1, and chofen or appointed by
his Honor to Stand in place, conftantly invefted wtJl
Power of Confirmacon by Oath or Engagem1, or
otherwife as his Honor fhall appoint, one to be
Chiefe in ye Cort and to have Magiftraticall Power
4

[26]
at all times wth regard to ye Peace and other necef-
fary Confideracons.
2lY . Wee take for granted y< ye Lawes of Eng
land are Standard of Governm1, foe farre as wee
know them, and are fuitable to our Condicon ; yet
wee humbly propofe that ye Inhabitants may have
Power to Conftitute fuch Law or Ordrs as are necef-
fary and fuitable to or Condicon not repugnant to
yc Lawes of England.
3]y. In point of carrying on ye Governm1 from
Time to Time, wee are willing to joyne with or
Neighbo1" Ifland ye Vineyard, to keep together one
Cort every Yeare, one Yeare at or Ifland, ye next wth
them, and Power at Home to End all Cafes not
exceeding 20 lb; And in all cafes Liberty of Appeale
to ye Genr11 Cort in all Actions above 40 lb. And
in all Actions amounting to ye vallue of 100 lb
Liberty of Appeale to his Highneffe his Cort at ye
Citty of New York; And in Capitall Cafes, or
fuch Mattrs as concerne Life, Limbe, or Banifhm1.
All fuch cafes to be tryed at New Yorke.
4. And feeing ye Indyans are numerous among
us, Wee propofe that or Governm1 may Extend to
them, and Power to Summon them to our Corts
wth refpect to Mattrs of Trefpafs Debt, and other
Mifcarriages, and to Try and Judge them according
to our Lawes, when publifhed amongft them.
And Laftly, fome Military Power comitted to us,
reflecting our Defence, either in refpect of Indyans
or Strang" invadeing, &c.

[27]
rIhe Anfwer to ye Nantuckett Propofalls.
[Deeds iii, 60, Secretary's Office.]
At a Councell held at Forte James in New York, y"
28th day of June inye 23d Yeare of his Maties Reigne,
Annoq Dom. 1671.
In Anfwer to ye Propofalls Delivered in by Mr.
Coffin and Mr. Macy on ye behalf of themfelves
and ye reft of ye Inhabitants upon ye Ifland Nan
tuckett; The Governor and Councell doe give their
Refolucons as followeth, viz1.
Imprimis, As to ye firft Branch in their Propofalls,
It is thought fitt yl ye Inhabitants doe annually
recomend two Perfons to the Governo1", out of wch
hee will Nominate one to be ye Chiefe Magiftrate
upon that Ifland, and ye Ifland of Tuckanuckett near
adjacent for ye Yeare enfueing: who ffiall by Com-
miffion bee Invefted with Power accordingly.
That ye Time when fuch a Magiftrate ffiall Enter
into his Employm1 after ye Expiracon of this firft
Yeare, ffiall Commence upon ye 1 3d1 day of
October, being his Royall Highnefs his Birthday,
to continue for ye Space of one whole Yeare, and
that they Returne ye Names of ye two Perfons they
fhall recommend three months before that Time to
ye Governo1-.
That ye Inhabitts have Power by a Major Vote
annually to Elect and Chufe their inferior Officers,

[28]
both Civill and Military; That is to fay, ye Affift-
ants, Conftables, and other inferior Officers, for ye
Civill Governm', and fuch inferiour Officrs for ye
Military as ffiall be thought needfull.
2ty. The fecond Propofall is allowed of; That
they ffiall have Liberty to make peculiar Lawes and
Ordrs at their Genr11 Cort for the well Governm1 of
ye Inhabitts ye wch ffiall bee in force amongft them
for one whole Yeare; Dureing wch Time if noe
Inconvenience doe appeare therein, They are to
Tranfmitt the faid Lawes or Ordrs to ye Governor
for his Confirmacon. Howev1", They are (as neare
as may bee) to conforme themfelves to ye Lawes ot
England, and to be very Cautious they doe not Act
in any way repugnant to them.
3!y. To ye 3d, It is Granted, That they joyne
wth their Neighbors of Martin's Vineyard in keeping
a Gen1'11 Cort between them once a Yeare, ye fd Cort
to be held one Yeare in one Ifland, and ye next in
ye other, where ye Chiefe Magiftrate in each Ifland
where the Cort ffiall be held, is to prflde, and to Sitt
in their refpective Corts as Prefid1, but withall That
upon all occafions hee Confuel and Advize wth ye
Chiefe Magftrate of ye other Ifland.
That ye faid Genr11 Cort ffiall confift of ye two
Chiefe Magiftrates of both Iflands, and ye foure
Afliftants, where ye Prefid1 fhall have a Cafting
Voyce; for ye Time of their Meeting, That it bee
left to themfelves to Agree upon yc moft convenient
Seafon of ye Yeare.

[29]
That in their Private Corts at Home, wch are to
be held by ye Chiefe Magiftrate and two Affiftts
where ye Chiefe Magiftrate ffiall have but a Angle
Voyce, They fhall have Power finally to determine
and decide all Cafes not exceeding ye Vallue of 5
lb. wthout Appeale, but in any Sume above that
Vallue, They have Liberty of Appeale to their Gen11
Cort who may determine abfolutely any Cafe under
50 lb. without Appeale, but if it fhall exceed that
Sume, ye Party aggrieved may have Recourfe by
way of Appeale to ye Genr11 Cort of Affizes, held in
New Yorke.
And as to Criminal Cafes, That they have Power
both at their Private Corts at Home, as well as at
ye Genr11 Cort, to inflict Puniffim1 on Offendrs foe
farre as Whipping, Stocks, and Pilloring, or other
Publick Shame. But if ye Crime happen to bee of
a higher nature, where Life, Limbe, or Baniffiment
are concerned, That fuch Mattrs be Tranfmitted to
ye Genr11 Cort of Affizes likewife.
4. In Anfwr to ye 4th, It is left to themfelves to
Ordr thofe Affayres about ye Indyans, and to Act
therein according to their beft difcretions, foe farr
as Life is not concerned ; Wherein they are alfo to
have Recourfe to New Yorke, but that they bee
carefull to ufe fuch moderacon amongft them, That
they bee not exafperated, but by Degrees may be
brought to be conformable to ye Lawes : To wch
End, They are to Nominate and appoint Conftables
amongft them who may have Staves wth ye Kings
Armes upon them, the better to keep their People

[3°]
in Awe and good Ordr, as is practized wth good
succefs amongft ye Indyans at ye Eaft end of Long
Ifland. To ye Laft, That they returne a Lyft of ye In
habitants, as alfo ye Names of two Perfons amongft
them ; out of whom ye Governo1" will appoint one
to bee their Chiefe Military Officer, That they may
bee in ye better capacity to Defend themfelves
againft their Enemyes, whether Indyans or others.

Commiffion Granted to Mr. Tristram Coffin,
Senr., to be Chiefe Magiftrate in and
over the Ifands Nantuckett and Tuck-
ANUCKETT.
[Deeds iii, 62, Secretary's Office.]
Francis Louelace, Efq., &c: Whereas upon
Addrefs made unto mee by Mr. Triftram Coffin and
Mr. Thomas Macy on ye behalfe of themfelves and
ye reft of ye Inhabitants of Nantuckett Ifland con
cerning ye Mannor and Method of Governm1 to be
ufed amongft themfelves, and having by ye Advice
of my Councell pitcht upon a way for them; That
is to fay, That they be Governed by a Perfon as
Chiefe Magiftrate, and two Afliftants, ye former to
be nominated by myfelfe, ye other to be chofen and
confirmed by ye Inhabitants as in ye Inftructions
fent unto them is more particularly Sett forth. And
having conceived a good Opinion of ye ffittnefs and

[3i ]
capacity of Mr. Triftram Coffin to be ye p^sent
Chiefe Magiftrate to manage Affayres w4 ye Ayd
and good Advice of ye Affiftants in ye Iflands of
Nantuckett and Tuckanuckett, I have thought fitt to
Nominate, Conftitute, and Appoint, and by thefe
Prfents doe hereby Nominate, Conftitute, and Ap
point Mr. Triftram Coffin to be Chiefe Magiftrate
of ye faid Iflands of Nantuckett and Tuckanuckett.
In ye Managem1 of wch faid Employm1, hee is to
ufe his beft Skill and Endeavour to prferve his
Maties Peace, and to keep ye Inhabitants in good
Ordr. And all Perfons are hereby required to give
ye faid Mr. Triftram Coffin fuch Refpect and Obe
dience as belongs to a Perfon invefted by commiffion
from Authority of his Royall Highnefs in ye Place
and Employm1 of a Chief Magiftrate in ye Iflands
aforefaid. And hee is duely to obferve the Orders
and Inftructions wch are already given forth for ye
well governing of ye Place, or fuch others as from
Time to Time ffiall hereafter bee given by mee :
And for whatfoever ye faid Mr. Triftram Coffin
ffiall lawfully Act or Doe in Profecution of ye
Premifes, This my Commiffion wch is to bee of
fforce untill ye 1 3th day of October, which ffiall bee
in ye Yeare of our Lord 1672, when a new Magif
trate is to Enter into the Employm1 ffiall bee his
sufficient Warrant and Difcharge.
Given under my Hand and Seale at fforte James
in New Yorke, this 29th day of June in ye 22d
Yeare of his Maties Reigne. Annoq Dni. 1671.
Fran : Louelace.

[32]
[Council Minutes, iii, 6j, Secretary's Office.]
At a Councell held at fFort James, July 6th, 1671.
Prejent, The Governor,
Mr. Steenwyck,
The Secretary.
The Bufmefs under confideracon was Mr. May-
hew's Affayre about Martin's Vineyard, &c.
His Peticon and Propofalls recd.
To ye firft part of ye Peticon, It's granted that
the Townes Seated there ffiall have Patents of Con
firmation as other Townes, and particularly as their
Neighbors of Nantuckett have.
To ye next part to know what Land hee hath
Purchafed, and of whom, and how.it doth appeare,
and what remains unpurchafed.
Noe-Mans Land already difpofed of, but to bee
enquired into.1
Three Papers to bee Recorded, viz1 : ye two from
James Fforrett, (ye fd Sterling's Agent,) and one
from RichardVines,Sr.Fferdinando Gorges Agentt.2
1 This Ifland was firft granted Aug. 3, 1666, to William Reeves,
Triftram Dodge, John Williams, and William Nightingale, conditioned
to the Eftablifhment of a fifhing Trade, Conftrudtion of a Harbour within
three Years, and annual Payment at New York of one Barrel of Codfifh,
(Pat. i, 50.) This having been forfeited, was renewed to John Williams
and others, June 23, 1670, and Feb. 23, 1674. In thefe Patents the
Ifland was called the Ifle of Wight, and upon the fetdement of a certain
number of Families it was to be entitled to a Juftice of the Peace, and all
the Privileges of a Town. (Court of Affize, ii, 538; Patents, iv, 91.)
2 Vide Ante, p. z, 4.

[33]
Mr. Mayhew to bring in To-morrow Morning
what hee hath brought at Martin's Vineyard, for
which hee is to have a Patent.
The Claufe of Priviledges to bee invefted in ye
Patent.

At a Councell &c, July 7, 1671.
About Mr. Mayhew's Propofalls concerning
ye Governm*.*
That for ending of Caufes to ye Sume of 5 lb.
It is granted that Mr. Mayhew (who for his Life
Time is to bee Governor there) wth two Affiftants to
bee chofen by ye two Townes, ffiall hold a Court,
where one agreeing w* ye Governor ffiall carry the
Cafe; but in cafe of Non-Agreem1 to bee referred to
their Generall Court ; which is to confift as in their
Inftructions to Nantuckett.
The Sume Definite at ye Genr11 Court is to bee
for 50 lb for this Yeare.
The Cort is firft to bee held at Martin's Vineyard,
Mr. Mayhew is to bee Governor _over_ye Indians
upon "MaffiffTVineyard.
^TfeeTAcloiowTedgement by Quit-Rent for both
the Townes and himfelfe to bee Agreed upon.
Hee is to have Liberty to Purchafe for his Royall
Highneffe, and to make Returne thereof.
The Ordrs hereupon are drawn up at large and
Entered in the Booke of Indyan's Purchafe.
1 Council Minutes, iii, 68, Secretary's Office.
5

[34]

At a Councell July y° 8th, 1671.
Mr. Mayhew and Mr. Brenton's Pretences upon
Elizabeth Iflands difcourft of.
Memorandm, That three Men befide Mr. May
hew bee chofen for a Court upon Martin's Vineyard,
and hee to have a double Vote as Prefident.
Mr. Mayhew, Senr., acknowledges to have fold
his Pretences, but the Grand Childe putts in his
Clayme for his Part as his ffathers Right.
Daniel Wilcock's Clayme brought in by young
Mr. Mayhew to bee Recorded.
The whole Right to ye two Iflands is found to
bee in Mr. Brenton, both by ye Indyan Purchafe
and the fale of Mr. Mayhew, Senr.; But its recom
mended to him to give fome Compenfation to the
Grand Childe for his Confent to his ffathers Right.
At a Councell, July 12th, 1671.
Prefent, The Governor,
Mr. Steenwyck,
The Secretary.
Vpon confideracon had of Mr. Mayhew's Quit-
Rent. It is Agreed to be 6 Barrells of Ffiffi, viz1; two
Barrells each Patent.
About Claes Burden, &c. : That ye former Ordr
againft Tranfportation of Wheat, 6cc. : bee as yet
continued, viz1: That none bee Tranfported but in
Ffloure and Bread.

[35]
The Anfwr to Mr. Mayhew's Propofalls.
[Deeds iii, 75, Secretary's Office.]
At a Councell held at Forte James in New Yorke, ye 7th Day
of July in* ye 23d Yeare of his Ma*8 Reigne, Annoq Dni.
1671.
Whereas Mr. Thomas Mayhew of Martin's or
Martha's Vineyard hath been an ancient Inhabitant
there, where by God's Bleffing, hee hath been an
Inftrum1 of doeing a great Deale of Good both in
fettling feverall Plantacons there, as alfo in re-
clayming and civilizing ye Indyans ; ffor an En-
couragem1 to him in Profecucon of that Defigne,
and Acknowledgm1 of his Good Services. It is
ordered and agreed upon that ye faid Mr. Thomas
Mayhew Jhalldureing his naturall Life bee~TJovernor
of ye Ifland called Martin's or Martha's Vineyard,
both over ye Englifh Inhabitants and Indyans for ye
w^L hee ffiall have a Commiffion.
That for Try all and Decifion of all Differences
of Debt or Damage to ye Vallue of ffive Pounds,
They ffiall have a Cort in their Ifland, wch ffiall bee
compofed of ye Governor there, who ffiall have a
double Vote, and three Affiftants to be Elected
annually by the Inhabitants of ye two Townes and
Plantacons upon ye Ifland, from whofe Judgm1 in
any Cafe to ye Sume of five Pounds aforefaid or under,
noe Appeale ffiall bee admitted.
That all Actions and Cafes of above five Pound,
and under ffifty Pound ffiall bee Tryed at ye Genr11
Court to be held by them and their Neighbours of

1 36]
Nantuckett, that is to fay, by ye Governor or Chiefe
Magiftrate of Martin's Vineyard, and ye firft two
Elected of ye three Affiftants aforemenconed, and
by ye Chiefe Magiftrate of Nantuckett, and his two
Affiftants, where it is recommended that Mr. Thomas
Mayhew doe pffide and fitt as Prefident dureing his
Life (although ye Court bee held at Nantuckett wth-
priveledge of a double or cafting Voice, in regard
of his great Experience and Reputacon amongft
them, but after his Deceafe that ye Rules and In-
ftructions, wch concerne both ye Iflands be punctu
ally followed and obferved.
That ye firft Genr11 Court ffiall bee held upon ye
Ifland Martin's Vineyard at fome convenient Time
to bee agreed upon between them and their Neigh-
bo1'3 wch is to be Tranfmitted hither, at wch Time
annually after Approbacon had thereof that Court
is to be held for ye Time to come according to ye
aforemenconed Inftructions given to thofe of Nan
tuckett. That Mr. Thomas Mayhew as Governor over ye
Indyans, doe follow yc fame Way and Courfe of quiet
and peaceable Governm1 amongft them as hitherto
hee hath done, wch will tend to their mutuall
Benefitt and Satisfaction, and by Degrees bring them
to fubmit to, and acknowledge his Ma^ Lawes
Eftabliffi1 by his Royall Highnefs in this Province.
And Laftly that ye Governm' of ye Indyans in
particular, ffiall remaine in that State and Condicon
as hitherto it hath done.
By Ord1' of ye Governor and Councell.

[37]
CommiJJion for Mr. Thomas Mayhew to be
Chiefe Governour of Martin's als Mar
tha's Vineyard, i
[Deeds iii, 70, Secretary's Office.]
Francis Louelace, Efq., &c. : Whereas I have
conceived a good Opinion of ye Capacity and Integ
rity of Mr. Thomas Mayhew to be Governor and
Chiefe Magiftrate of ye Ifland Martin's or Martha's
Vineyard, to manage publiq Affayres wth ye Aid, and
Good Advice of ye Affiftants to bee chofen there,
and have thought fitt to Nominate, Conftitute, and
Appoint, and by thefe Prfents doe hereby Nominate,
Conftitute, and Appoint Mr. Thomas Mayhew to
be Governo1" and Chiefe Magiftrate of ye faid Ifland
Martin's or Martha's Vineyard during his naturall
Life, in ye Managem1 of wch Employm1 hee is to
ufe his beft Skill and endeavor to preferve his Maties
Peace, and to keep ye Inhabitants in good Ordr.
And all Perfons are hereby required to give to ye
faid Mr. Thomas Mayhew fuch Refpect and Obe
dience as belongs to a Perfon invefted by Commiffion
and Authority from his Royall Highnefs in ye Office
and Employment 0f a Governor and Chiefe Magif-
1 On the fame Day Matthew Mayhew received a Commiffion as Col
lector of Cufloms in and about Martha's Vineyard and places adjacent
(Deeds iii, 73,) and on the 12th the two Mayhews were Licenced to
Purchafe fuch as they might be able of the remaining Title of the Indians
on this Ifland, (ib. p. 71.)

1.38]
trate in ye Ifland aforeR And hee ye faid Mr.
Mayhew is duely to obferve and obey fuch Orders
and Inftructions, wch are already given forth for ye
well governing of ye Place, or fuch other Directions
as from Time to Time hee ffiall receive from mee:
And for whatfoever the faid Mr. Thomas Mayhew
ffiall Lawfully act or doe in Profecucon of ye Pre
mifes, This my Commiffion fhall bee his fufficient
Warrant and Difcharge.
Given &c : this 8th Day of July in ye 23th Yeare
of his Mades Reigne, Annoq. Dni. 1671.

Mr. Mayhew's InJlruBions from ye
Governor.
[Deeds iii, 71, Secretary's Office.]
Mr. Mayhew:
Although by yor Genr11 Commiffion you have
Strength and Authority fufficient to putt fuch Lawes
and Rules in Execucon as you ffiall conceive may
beft tend to ye Diftribucon of Juftice, and fecuring
the Comon Rights and Intereft of fuch as ffiall live
under yor Governm', the keeping his Mades Peace,
together wth ye Prefervacon of his Royall Highnefs
Intereft and Propriety in thofe parts, yet fince that
Commiffion may appeare to be too generall, I have
thought fitt to prfcribe to you fome particular In
ftructions, wch you are to make ufe of as Occafion
ffiall ferve.
In ye firft place, you are foe foon as you ffiall

[39]
arrive in fome convenient Time, caufe a Generall
Meeting to be summoned of the Inhabitants
(amongft wch I would not have ye Chiefe of ye
Indyans omitted) to whom you are to Declare ye
End of yor being wth mee and ye Power I have
inverted you in, by caufing your Commiffion to be
read publiqely together wth yor Interactions.
You are then to Confidr and Appoint a fett Time
for ye Election of yor Affiftants as likewife to con-
fid1, of ye Time when ye Genr11 Cort ffiall be fum-
moned, of wch you are to Advertize and Confult yor
Neighbors of Nantuckett.
You are likewife to acquaint ye Inhabit65 ye
Priviledges I have Graunted them by enfranchiz
ing them in Towne Corporacon, To whom you
may deliver their Chart1", Vpon ye Receipt of wch-
they may proceed to ye Election of their Magif
trates as belongs to other Corporacons.1
And in regard at this Diftance,andye Unacquaint-
ednefs of the Inclinacons and Difpofitions of ye
Indyans, I cannot prfcribe you any Rules that may
be moft proper for them, I ffiall therefore recom-
1 Tilbury Manor was granted to Thomas and Matthew Mayhew, July
8, 1 67 1, "to be holden according to ye Cuftome of y° Mannor of Eaft
Greenwctl in ye County of Kent in England, in free and Comon Soccage
and by ffealty only." The Annual Quit-Rent of the Manor was two
Barrels of good Merchantable Codfifh to be delivered at the Bridge of the
Fort in New York City. There is alfo on Record of the fame Date, a
Patent for the Townfhip of Tifbury granted by Governor Lovelace.
Edgartown was made a Corporation on the fame Day, with a like Annual
Tribute. As this volume is mainly devoted to the affairs of Nantuckett
thefe Grants and many other Papers relating to Martha's Vineyard are
neceffarily omitted.

[4o]
mend that Affaire wholly to yor prudent Managem'
only you may acquaint them, that haveing now
taken them into his Royall Highnefs particular
Protection, I ffiall be very carefull to Affift them in
all Extremityes ; expecting from them noe other
Returne, but that they live quietly and peaceably,
wth true Submiffion to that Authority, wch now is
fett over them.
You are to caufe fome of ye Principall Sachems
to repaire (as fpeedily as they can) to mee, that foe
they may pay their Homage to his Matie, and ac
knowledge his Royall Hs to bee their only Lord
Proprietor. You are to encourage and fett to worke ye Sewan
making,1 to whom you may give full Affurance, they
ffiall receive fufficient Recompence for their Labour.
And that that Trade may only be drove between
them and this place, you are not to permitt any
Shells to bee exported to fforrainers, unless they pay
a confiderable Cuftome for them.
You are not to faile to give mee a fpeedy Adver-
tizement of all yor Tranfactions as may bee, and by
all meanes lett mee have from you, how Affayres
conftantly ftand.
You are to fee ye Collection of his Mafa Cuf-
tomes, and all ffines bee duely obferved, and you
are to Affift upon all Occafions ye Collector of ye
Cuftomes in ye Execucon of his Office, and tranf-
mitt them to mee here.
1 Sewan or Wampum confifting of cylindrical Beads wrought from
Shells, was ufed as a Currency in the Colony at the Time referred to.

[4i]
You are to caufe all fuch as ffiall bee Elected to any
Publick Office of Truft to take y= Oath of Alle
giance to his Ma^e at the Entrance into their Office.
You are not to fuffer any of yor Indyans to enter
into a Confederacy of Warre w* any other forraine
Indyans, without advertizing mee firft w* it, and
procuring my Permiffion for it,
Letter from ye Governor to ye Governor of
New Plymouth on ye behalfe of Mr.
Thomas Mayhew.
[Deeds iii, 74, Secretary's Office.]
Sr : Mr. Thomas Mayhew of Martin's Vineyard
haveing been here w* mee to pay his Acknow
ledging and to take out Patents of Confirmacon
for ye Lands hee Enjoyes at Martin's Vineyard and
Parts adjacent wfhin thefe his R: Hs Territoryes ;
At his Inftance and Requeft, I doe Recomend it
you, that you'l pleafe to Graunt him fome Enlargm'
of Recompence for his Trouble and Paines amongft
ye Indyans, foe farr as conveniently it may bee done,
for his Encouragem* in his Ancient Dayes ; Hee
together wth his deceafed Sonn haveing been In-
ftruments of doeing much Good by their Inftruc-
tions in bringing diverfe of them to ye Knowledge
of ye Chriftian Religion ; wch is worthy of great
Commendacon ; what Civility you ffiall doe him
herein ffiall bee kindly acknowledged by
Sr. Yo1' affectionate humble Servant,
Fran : Louelace.
6

[42]
General Laws, made at the firjl Generall
Court, holden at Edgartowne, upon Mar
tha's Vineyard, the 18 th of June, 1672.
[Deeds \, 78, Secretary's Office.]
Ordered by this Court, That the Gena11 Court
fhall Annually beginn, either upon the firft Tuefday
in June, or upon the firft convenient Opportunity
in refpect of Weather.
Ordered, That the Prefident ffiall be allowed for
each Dayes Loffe in attending this Court fix Shillings
per day; and each Magiftrate four Shillings : which
Charge ffiall be allowed and paid out of the Treafury,
and at the Quarter Court of each Ifland, the Prefi
dent ffiall bee allowed three Shillings per day, and
each Affiftant two Shillings and fix pence per day.
Ordered, That each Ifland ffiall hold and keep
foure Courts a Yeare at Martha's Vineyard, the laft
Tuefday of March, the laft Tuefday of June, the
laft Tuefday of September, and the laft Tuefday in
December : And at Nantuckett the laft Tuefday in
Ffebruary, the laft Tuefday in June, the laft Tuefday
in September, and the laft Tuefday in December.
Ordered by this Court, That if any Perfon ffiall
finde himfelfe Aggrieved in any Sentence given by
the Quarter Court in either Ifland, the Cafe being
above five Pounds, hee ffiall have Liberty to appeale

[43]
to the next Gena11 Court, which if it ffiall happen
to bee held at the fame Ifland, where Judgment
was before given, the Perfon appealing ffiall if hee
fee Caufe have fix Jurors from the other Ifland, and
the Party eaft ffiall in fuch Cafe pay to fuch Jurors
two Shillings fix pence per day, for every Day fuch
Jurors loofe in attending ye Court by their Meanes.
Or if hee fee not Caufe to bee at that Charge, he
may enter his Appeale unto the next Generall Court
to bee holden at the other Ifland, where he ffiall
have Liberty of a Jury for the Tryall of his Caufe.
Alwayes provided, that the Aggrieved Perfon
enter his Appeale during the Sitting of ye Court
hee appealeth from, and in fuch Appeale hee ffiall
give in Bond for the Profecution of his Appeale to
effect, when hee ffiall bring noe other Evidence nor
Plea, but the fame which was given in, unto the
Court appealed from.
It's Ordered, That any Perfon ffiall have Liberty
at Quarter Courts to review his Caufe, provided hee
hath fome new Matter or Evidence, wch Review
ffiall bee at the next Quarter Court, unleffe the
Court ffiall fee Caufe to give him a longer Time.
And if it appeare to the Court where fuch Review
is heard, that it is only to keep his Adverfary from
his Right, hee ffiall pay double Damages.
Ordered, That noe Man's Perfon ffiall be Arrett
ed or Imprifoned for Debt or Ffine, if any compe
tent Meanes of Satisfaction can bee found otherwife
from his Eftate, which ffiall bee made and apprized

[44 J
as neare as may bee to what is contracted, for in
Cafes of Contract, by Perfons appointed thereunto
by the Court : But if no fuch Eftate can be found,
then his Perfon may be Arrefted and Imprifoned,
where hee ffiall bee kept upon his own, not upon
the Plaintiffs Charges, until Satisfaction be made,
unleffe the Court fhall fee Caufe to the Contrary.
Provided nevertheleffe, That no Mans Perfon ffiall
bee kept in Prifon for Debt, unleffe there bee an
Appearance of fome Eftate which hee will not pro
duce ; In which Cafe the Court may adminifter an
Oath to the Perfon indebted, and likewife to any
Perfon fufpected to have fuch Eftate in his Keeping :
And in fuch Cafe his Perfon ffiall bee fold for Satii-
faction, but neither out of the Country, nor to any
other but the Englifh Nation, neither ffiall bee
Tranfported out. of the Country, unleffe by his own
Content. Ordered, That any Plaintiff may take out a
Summons or Attachment againft any Defendant :
Provided that no Attachment in any Civill Action
ffiall be Granted to a Fforeigner againft any fettled
Inhabitant unleffe hee give fufficient Security, and
Caution to Profecute his Action, and to Anfwer the
Defendant fuch Cofts and Charges as the Court
ffiall award him.
Ordered, That in all Attachmts of Goods and
Chattells, or of Lands and Hereditaments, Legall
Notice fhall bee given to the Party, or left in Wri
ting at his Houfe or Place of ufuall Abode ; other-

[45]
wife the Suite ffiall not proceed. But if hee bee
out of the Jurifdiction, the Cafe ffiall then proceed
to Tryall, but Judgment ffiall not enter untill the
next Court : And if the Defendant doe not then
appeare, Judgment ffiall bee entered, but Execution
ffiall not be Granted before the Plaintiff hath given
in fufficient Security to bee refponfible to the De
fendant, if hee ffiall reverfe the Judgment within
one Yeare, or fuch farther Time as the Court ffiall
limitt. Ordered, That all Warrants, Summons, or At-
tachmts ffiall be ferved fix Days before the Court.
Ordered, That all Perfons fummoned by Sub-
Poena to give Teftimony in any Caufe ffiall give in
their Evidence in Writing ; And if the Evidence
bee in relation to any Cafe upon the Ifland where
fuch Perfon dwelleth, hee ffiall then perfonally
attend the Court to give in his Evidence, but if hee
dwell upon any other Ifland within this Jurifdiction,
hee may deliver his Evidence before any one Magif
trate, unleffe hee ffiall bee required by the Perfon
caufing him to bee Sup-Penad to appeare Viva
Voce : And in fuch Cafe the Perfon foe requiring
ffiall be at the whole Charge, which ffiall bee two
{hillings fix pence per Day. And all others giving
Evidence ffiall have allowed them two ffiillings per
Day, which ffiall bee paid by the Perfon laft.
Ordered, That all Evidence receiv'd in Court
ffiall bee Recorded, and ye ffees for Recording ffiall
bee fix pence per Teftimony.

[46]
Ordered, That all Men dyeing Inteftate, their
Widdowes ffiall have one third Part of all Land and
ffree-hold, with all Priveledges and Appurtenances
thereunto belonging during their Naturall Lives,
which did any wife belong to their Hufbands; which
at their Death ffiall Returne to ye Right Heyres :
And one third Part of all their moveable Eftate forever.
Ordered, That whofoever ffiall openly or willing
ly defame any Court of Juftice, or the Sentences
or Proceedings of the fame, or any of the Magif
trates or other Judges of any Court in refpect of
any Act or Sentence therein paffed, and being legally
Convicted thereof ffiall bee Puniffied by Whipping,
Ffine, Imprifonment, Disfranchifement, as the
quality and meafure of the Offence ffiall deferve.
Ordered, That if any Perfon ffiall aik Councell
or Advice of any Magiftrate in any Cafe wherein
hee ffiall or may bee Plf, before fuch Magiftrate hee
ffiall bee difenabled to Profecute any fuch Action,
that hee hath foe Advifed about at the next Court
where his Caufe ffiall come to Tryall : Being plead
ed by way of Barr, either by the Defend1 or any
on his Behalfe ; in which Cafe the Plaintiff ffiall
pay full Coft to the Defendant. And if the Defendt
ffiall alk Councell as aforefaid, hee ffiall pay ten
Shillings to the Plaintiffe.
Ordered, That if any Perfon ffiall bee Accufed
by any, either Indian or any other Perfon what-
foever, to have fold or furniffied any Indyan or
Indyans with Wine, Liquor, or any Strong Drink,

1.47]
Beer only excepted, hee ffiall either purge himfelfe
by Oath, That hee hath neither fold, given, lent,
nor anywayes directly or indirectly furniffied fuch
Indian or Indyans with any Quantity or Quantityes,
nor any Quantity under fuch Quantity or Quantityes
as hee is Accufed for : Or if hee ffiall not foe purge
himfelfe hee ffiall pay for fuch Offence after the
Rate of five Shillings per Pinte, for every Quantity
foe fold or difpofed of. Alwayes provided, That
any who have been known to make Scruple in Con-
fcience of fwearing according to the Ufuall Cuftome,
may purge himfelfe by Subfcription.
Ordered, That if any Perfon bee found drunken,
foe as to bee difenabled either in Speech or Gefture,
ffiall pay ten Shillings.
Ordered, That noe Perfon ffiall fell any Liquor,
Wine, Beer, or other Strong Drink by Retayle, that
is, Liquor, Wine, Spirits, or the like, under one
Gallon; nor Beere, Syder, or the like under the
Barrell or Quarter Cafk, unleffe hee have Licence
from the Quarter Court, under Penalty of ye For
feiture of five Pounds for fuch Offence. And it
ffiall not be lawfull for any Inhabitant to tarry in
any fuch Licenfed Houfe above halfe an Houre at
one Time upon Penalty of paying five Shillings,
unleffe hee can render fome fufficient Reafon to the
Satisfaction of fuch Magiftrate, or Court where hee
anfwereth his Default.
Ordered, That any Quarter Court ffiall have
Power to Grant Licenfe unto fuch as they ffiall

[4M
think fitt to keep a Houfe of Publick Entertain
ment to fell Liquor, Wine, Beer, or any like Strong
Drink by Retaile wth fuch Limitations and Cuftoms
as to fuch Court ffiall feem meet.
Ordered, That the Conftable in each Towne
fhall have one Man added to him, and they two
ffiall bee a Grand Jury for Prefentments, who ffiall
faithfully prefent to the Court whatfoever they know
to bee a Breach of Law : and all fuch Criminall
Matters they apprehend prefentable.
Ordered, That all Weights and Meafures ffiall bee
of the fame Quantityes that the Weights and Mea
fures of Winchefter in England are; three ffoot to the
Yard, twelve Inches to the Foot, eight Gallons to
the Buffiell, and fixteen Ounces to the Pound, and
foe proportionably for greater or leffer Weights and
Meafures. And if any Perfon ffiall prefume to ufe
any other Weights or Meafures, but fuch as fhall
bee fealed, hee ffiall pay for fuch Offence ten
ffiillings. Ordered, That noe Perfon whatfoever, not In
habiting within this Jurifdiction ffiall directly or
indirectly either by himfelfe or ffactour, or any from,
or under him trade or traffique wth any Indyan or
Indians anywhere, either in Harbour, Creek, Cove,
or on Shore within this Jurifdiction without Leave
or Liberty, firft had and obtained from the Generall
Court, upon Penalty of paying for foe trading the
Value of twenty Shillings, the full Summe of fourty
Pounds. And it is hereby Ordered, That the Water

[49 J
Bailiffe ffiall have full Power and Authority to ftopp
any Veffell, Barque, Ketch, or any other like Veffell,
according to Warrant, which hee ffiall to that End
receive from fome Magiftrate : And if the Mafter
or Merchant of any fufpected Veffell having fuch
Trade on Board as ufually is the Produce of thefe
Places, cannot make appeare where they had fuch
Trade, hee or they ffiall bee accounted guilty of the
Breach of this Law.
Ordered by the Court, That each Ifland ffiall
choofe a Treafurer, who ffiall receive and difburfe
according to Order from the Court ; who ffiall bee
fatisfied for fuch Trouble by twelve Pence in the
Pound, and ffiall be freed from Towne and Coun-
trey Rates,
Ordered, That the Secretary ffiall have allowed
him three Pounds per Annum, befides his other
ffees. Ordered, That each Juror ffiall be allowed fix
Pence per Action for every Action that ffiall be
entered ; and every Plaintiff ffiall pay for entering
his Action, five Shillings, which fhall goe into the
Publique Treafury. And all Charge of Court ffiall
bee paid in Money, Corne or ffeathers.
Ordered, That every Conftable ffiall have for his
Serving of a Warrant or Summons for an Attach
ment twelve Pence, for an Execution two Pence ;
And if it bee in the Liberty of any Conftable in
Executions to add all neceffary Charges thereto.
And if any Perfon ffiall Refute to Affift a Conftable
7

[So]
in the Execution of his Office upon his Command,
he ffiall Forfeit fourty Shillings. And it is Ordered,
That noe Man by an Execution upon Judgment
ffiall be deprived of anything which moft nearly
concerns his Lively hood, as Working Cattle, Work
ing Tools, Bedd, or Bedding, Provifion, neceffary
Houfehold Stuffe, and the like, where any other
Satisfaction can be found.
Ordered, That if any Perfon ffiall ftrike a Con
ftable in the Execution of his Office, hee ffiall pay
foure Pounds or more, as the Circumftances of the
Cafe fhall appeare : which Payment ffiall be as a
ffine to ye Countrey, which notwithftanding ffiall
not abridge fuch Conftable of Action againft fuch
Perfon. And any one who ffiall affront another in
ye Prefence of the Court, hee ffiall be feverely
puniffied,or fined according to theMeritt and Nature
of the Offence, by the Court where fuch Offence
is done. All Wills ffiall be proved at the next Quarter
Court after the Partyes Deceafe.
Hee that ffiall fweare or curfe, not being legally
called thereunto, ffiall pay ten Shillings.
Ordered, That any Indyan ffiall have Liberty in
any Cafe to appeale from fuch Courts as they ffiall
hold amongft themfelves to the Quarter Court, and
from any Quarter Court to the Generall Court,
according to Law.
Ordered, That in all Actional and Criminall
Matters and Cafes which fall not under the Head

[5i ]
of fome of thefe Laws already made, ffiall be Tryed,
and Judgment or Sentence given according to the
Laws of England.
This is a True Copie given by mee this 28 th of
June, 1672. Matthew Mayhew, Seer.
Recorded Novem : the 9th, 1 674.

Nantuckett Affayres.
[Deeds iii, 85, Secretary's Office.]
Additionall Inflruclions and Directions for the Government of the
IJland Nantuckett, Jent by Mr. Richard and Capt. Jno. Gard
ner, Aprill y° 1 8th, 1673.
Imprimis, That in regard ye Towne upon ye
Ifland of Nantuckett is not known by any peculiar
or particular Name. It ffiall from henceforth bee
called and diftinguifhed in all Deeds, Records and
Writings by the Name of the Town of Sherborne
upon the Ifland Nantuckett.
That all Ancient and Obfolete Deeds, Grants,
Writings, or Conveyances of Lands upon the faid
Ifland, ffiall bee efteemed of noe fforce or Validity,
but the Records of everyones Clayme or Intereft
ffiall beare Date from the firft Divulging of the
Patent granted to the Inhabitants by Authority of
his Royall Highneffe, and foe forward, but not
before the Date thereof.
That the Time of Election of the Chiefe Magif-

[52]
trate, and other Civill Officers, bee and continue
according to the Directions and Inftructions already
given, but in regard of the Diftance of the Place,
and ye uncertainty of Conveyance betwixt that and
this Place, yc Chiefe Magiftrate, and all the Civill
Officers ffiall continue in their Employmts untill the
Returne of the Governors Choice and Approbacon
of a new Magiftrate bee fent unto them, which is
to bee with the firft convenient Opportunity.
That in cafe of Mortality, if it ffiall pleafe God,
the Chiefe Magiftrate ffiall dye before ye Expiration
of his Employment, the Affiftants for the Time
being ffiall manage and carry on ye Affayres of the
Public untill the Time of the new Election, and
ye Governors Returne and Approbation of a new
Magiftrate in his Stead.
That the Chiefe Military Officer ffiall continue
in his Employm1 during the Governors Pleafure,
and that he have Power to appoint fuch Perfons
for inferior Officers as he ffiall judge moft fitt and
capable. That in Cafe of the Death of the Chiefe Military
Officer during the Time of his Employment, that
then the Inhabitants doe forthwith make Choice of
two Perfons, and returne their Names unto the
Governour, who will appoint one of them to bee
the Officer in his Stead.
That in regard to ye Generall Cort to bee held
in ye Ifland Nantuckett or Martin's Vineyard is but
once in ye Yeare, where all Causes or Actions are

[53]
tryable without Apeale to ye Sume of fifty Pounds.
Liberty bee granted to try all Actions of Debt or
Trefpass at their ordinary Courts to the value of ten
Pounds without Appeale, unlefs upon Occafion of
Error in ye Proceeding there bee Caufe of Com
plaint from ye ordinary Court unto the Generall
Court, or from the GenaI1 Court to the Court of
Affizes. That what is granted in the Generall Patent to
the Inhabitants, ffree-holders, of the Ifland Nan
tuckett is to bee underftood, unto them alone who
live upon the Place and make Improvem* thereof,
or fuch others who having Pretences of Intereft
ffiall come to Inhabitt there.
Given under my Hand at Fort James, in New
York the Day and Yeare afore written ; and in
ye 25 th Yeare of his Maties Reigne.

Licence to Purchafe &C : Granted unto Mr.
Richard and Cap*. Jno. Gardner of
Nantuckett.
[Deeds iii, 57, Secretary's Office.]
Whereas Mr. Richard Gardner and Capt. Jno.
Gardner, his Brother, having Declared unto mee
their Intent of undertaking the Defigne of a ffifhing
Trade upon the Ifland of Nantuckett and Parts ad
jacent, if they may have Licence to buy and make

[54]
Purchafe of fome Land by the Sea Side or elfe -where
of the Indyan Natives Proprietors for their Accomo
dation; for an Encouragement unto them the faid
Mr. Richard and Capt. John Gardner in their
undertakings of the Defigne aforefaid ; I have
thought fitt to give and grant, and by thefe Prefents
doe hereby Give and Grant, Liberty and Lycence
unto the faid Mr. Richard and Capt. John Gardner
and their Affociates to Buy and make Purchafe of
fome convenient Quantity or Tract of Land for the
Ufe aforefaid, or for Improvement thereof of the faid
Indyan Proprietors, not yet made Purchafe of by
the Reft of the Inhabitants, for the which when
Returne ffiall bee made of the Quantity thereof,
together with its Buttings and Boundings, the faid
Mr. Richard and Capt. John Gardner, and their
Affociates may have a Patent of Confirmation by
Authority of his Royall Highnefs under the Seale
of the Province.
Given under my Hand and Seale at Fort James
in New Yorke this 15th Day of Aprill in the
25 th Yeare of his Maties Reigne, Annoq
Domini, 1673. Fran : Lovelace.

[ 55

Commiffion for Mr. Rico. Gardner to bee
Chiefe Magiftrate of Nantuckett and
Tuckanuckett.
[Deeds iii, 87, Sec. Office.]
Francis Lovelace, Efqr., one of the Gentlemen
of his Mat;es HonbIe Privy Chamber, and Governo1"
Gena11 under his Roy11 Highnefs, James Duke of
Yorke and Albany, &c : of all his Territoryes in
America; To Mr. Richard Gardner of Nantuckett
fendeth Greeting.
Whereas according to the Directions and Inftruc-
tions by mee given on the Behalfe of his Royall
Highnefs for the Government of the Iflands of
Nantuckett and Tuckanuckett, the Inhabitants thereof
at the Time appointed have chofen two Perfons,
whofe Names they have returned hither, for my
Choice and Approbation of oneof them to bee Chiefe
Magiftrate of the faid Iflands, and having conceived
a good Opinion of the Fittness and Capacity of Mr.
Richard Gardner (who is one of the two returned)
to Manage Affayres there with the Aid and Good
Advice of the Affiftants to bee chofen amongft
themfelves, I have thought fitt to Nominate, Con
ftitute, and Appoint, and by thefe Prefents doe
hereby Nominate, Conftitute, and Appoint Mr.
Richard Gardner aforenamed to be Chiefe Magif
trate of the faid Iflands of Nantuckett and Tucka-

[56]
nuckett: In the Management of which Employ
ment, hee is to ufe his beft Skill and Endeavour to
Preferve his Maties Peace and to keep the Inhabit
ants in Good Order. And all Perfons are hereby
required to give the faid Mr. Richard Gardner fuch
Refpect and Obedience as belongs to a Perfon in-
vefted by Commiffion and Authority of his Royall
Highnefs in the Place and Employment of a Chiefe
Magiftrate in the Iflands aforefaid. And hee the
faid Mr. Richard Gardner is duly to obferve the
Orders and Inftructions which are already given
forth for the well Governing of the Place, or fuch
others as from Time to Time ffiall hereafter bee
given by mee, his Royall Highnefs Governo1". And
for whatfoever the faid Mr. Richard Gardner ffiall
Lawfully Act or doe in Profecution of the Premifes.
This my Commiffion (which is to continue and bee
in Force untill the next Election, and my Returne
of Approbacon of a new one in his Place) fhall bee
his fufficient Warrant and Difcharge.
Given under my Hand, and Sealed with the Seale
of the Province at Fort James in New Yorke
this 15th Day of Aprill in the 25th Yeare of
his Mades Reigne, Annoq Domini 1673.
Fran : Lovelace.

[57)

Commiffion for Capt . John Gardner of the
Ifland of Nantuckett, to bee Capt. of
the Foot Company there.
[Deeds iii, 88, Secretary's Office.]
Francis Lovelace, Efqr., &c : Governo1" GenaI1
under his Royall Hs James Duke of Yorke and
Albany, &c; of all his Territoryes in America ;
To Cap1. John Gardner of ye Ifland Nantuckett.
Whereas, You are one of the two Perfons re
turned unto mee by the Inhabts of your Ifland, to
bee the Chiefe Military Officer there, having con
ceived a Good Opinion of your fiittnefs and Capa
city ; By Vertue of the Commiffion and Authority
unto mee given by his Royall Highneffe, James
Duke of Yorke and Albany, I have Conftituted and
Appointed, and by thefe Prefents doe hereby Con
ftitute and Appoint you John Gardner to bee Cap-
taine and Chiefe Military Officer of the ffoot
Company rifen or to bee rifen within the Iflands of
Nantuckett and Tuckanuckett; you are to take the
faid Company into your Charge and Care as Cap-
taine thereof, and them duely to Exercize in Armes :
and all Officers and Souldyers belonging to the faid
Company are to Obey you as their Captaine. And
you are to follow fuch Orders and Inftructions, as
you ffiall from Time to Time Receive from mee or
8

[58]
other your Superiour Officers according to the
difcipline of Warr ; for the Doeing whereof this
ffiall bee your Commiffion.
Given under my Hand and Seale at Fort James
in New Yorke this 15th Day of Aprill in the
25th Yeare of his Maties Reigne, Annoqe
Domini, 1673. Fran : Lovelace.

A Letter from the Secretary to ye Inhabit* s
of Nantuckett.
[Deeds iii, 89, Secretary's Office.]
New Yorke, Apr. ye 24th, 1673.
Gent : — By the Governors Ordr I am to acquaint
you, That hee Received your Letter (bearing Date
the 3d Day of Aprill) about three Weeks fince, by the
Hands of Mr. Richard Gardner, together with eight
Barrells of ffiffi for two Yeares, Acknowledgement,
and a Token of fifty weight of ffeathers, for which
your Care of the Former, and Kindnefs in the
Latter hee Returns you Thanks ; There came to the
Governo1' in the Winter a Letter from Mr. Triftram
Coffin about your Election, but no other from you;
in anfwer to which you had heard from him fooner,
but the Difficulty of Conveyance hindered. You
will now underftand the Governors Choice, by the
Bearers hereof, Mr. Richard and Capt. John Gard-

[59]
ner; That is, Mr. Richard Gardner for Chiefe
Magiftrate this Yeare, and Capt. John Gardner for
Chiefe Military Officer, for which they have Com-
miffions. They have alfo with them fome Ad
ditional Inftructions and Directions to communicate
to you ; moft of which were Propofed by thofe two
ffriends you fent, who have prudently Managed
the Truft you Repofed in them. They have alfo
with them a Booke of the Lawes of the Govern
ment, and three Conftables Staves; As to your
Non-performance of the Acknowledgement accord
ing to Strictnefs of Time, his Honor being fenfible
that Opportunityes doe not very frequently prefent
between thefe Places, hee is very well Satisfyed with
your Civill Excufe. If at any Time you have other
Propofalls to make, for the Good of yor Inhabitants,
you may reft affured of his Honors ready Comply-
ance therein. This is all I have in Charge to De
liver unto you from the Governour, foe take Leave
and Subfcribe Gent : Yor very humble Servant,
Matthias Nicolls.

[6o]

Mr. Tristram Coffin, &1 Mr. Matthew
Mayhew, A Petition to the Governor from
Nantuckett.
[New York Colonial MSS, xxiv, Sec. Office.]
To the Honourable Major Edward Andros,
Governor of his Royall Highnefs Territories in
America.
May it Pleas your Honour to underftand that
diverfe Gentlemen having heretofor Obtained
Liberty from Mr. Thomas Mayhew and Thomas
Mayhew his Sonne, by Vertue of a Right they had
of the Right Honourable William Earle of Sterling,
to Plant, Settle and Inhabit uppon the Ifle of Nan
tuckett, they Profecuted the fame to a good Effect
and made Lawfull Purchafe of the Indians then
inhabiting there ; under which Conftitution they
the faid firft Purchafers Continued and Admitted
of divers other Inhabitants, allotting them fuch
Lands as their Quallitie, and Way of Living might
Require; to fome more, to fome lefs ; with diverfe
Injunctions as to yor Honour ffiall Appeare ; and
have fince Obtained a Confirmation thereof by
Charter, from Collonell Lovelace, late Govournour
under his Royall Highnefs, the Duke of York,
which faid Charter or Pattent, being compofed in
Generall Termes ; the faid firft Purchasers, and not

[6i]
without Caufe, have feared a Difturbance in their
Quiet and Peaceable Injoment of their faid Intereft;
by thofe they had formerly admitted in among them,
the Caufe whereof arifeth from their Mifconceiving
(as the firft Purchafers humbly conceive) of the
Pattent or Charter : fuppofing the faid Charter to
intend to have proportioned each Perfon their in
habiting, alike and equall Intereft with the firft
Purchafers ; the faid Purchafers conceiving the
Intent thereof only to be the Settling and Confirm
ing of each Perfon in that Right and Intereft he
before had in his juft Tenure and Occupation ; of
which your Petitioners humbly intreatyour Honours
Refolutions ; as likewife whether any Perfon having
Land there, may not Inhabit and be faid fo to doe,
by his Subftitute: your Honours Refolve hereof ffiall
be a Guide to fuch as might Indeavour to abridge
the juft Purchafers of their Intereft, to inlarge their
own ; we ffiall not further inlarge but in Behaulf
as well of the faid firft Purchafers as others there
Inhabiting, declare to your Honour the perfect State
thereof and therefore conclude fubfcribing ourfelves.
Honored Sr. Your Honours humble Servants,

[62]
[A Fragment, N. Y. Colonial MSS. xxiv, Sec. Office.]
*****
. . . whether, or  Lands, be not in the
proper Power of the Purchafers ; and fuch others,
as they have admitted as their Affociates :
Whether the Purchafers and Affociates have not,
by Vertue of their Pattent, Liberty, and Power, to
Erect a Court or Meeting, as a Mannour Court ;
that fuch other Landes, conditionally or otherwife
Graunted then in a Way of Affociatefhip, be accord
ingly Held, and Injoyed :
Whether a Man may not Inhabit, and be pro
perly faid fo to doe by his Subftitute.
Tristram Coffyn,
Matthew Mayhew.
Novemb. 7th, 1674.

An Order for the Settling of Martin's
Vineyard.
[Warrants, Orders, Paffes, iii, 19, Secretary's Office.]
Edmund Andros, Efqr., &c.
Having Received this Place and Governm1 in the
Behalfe of his Mafa from the Dutch ;» By Vertue
of his Ma»es Letters Patents, and Authority derived
unto mee, vnder his Royall Highneffe upon Applica-
1 New York having been feized by the Dutch in July 1673, was fur-
rendered again to the Englifh, Oft. 31, 1674, bv Virtue of the Treaty
of Weftminfter.

[65]
tion made by fome of the Inhabitants of ye Iflands
Martin's Vineyard and Nantuckett, intimating fome
Diforders to have hapned there, fince the Arrivall
of the Dutch in thefe Parts, in July 1673 : ffor the
Settling of Affaires there and Preventing of future
Contefts that may arife amongft them, in that Part
of this Governm1, I have (by and with the Advice
of my Councell), thought fit to Order as followeth,
(vizt.) 1 . Imprimis, That the Governm1 and Magiftracy
in ye Iflands Martin's Vineyard and Nantuckett, ffiall
bee Settled and Confirmed, in the fame Manner,
and in the fame P'fons that were legally invefted
therein, at the Time of the Dutch coming into
thefe Parts, in July 1673, or have fince been legally
Elected, by Vertue of his Royall Highneffe
Authority. 2. That by Reafon of the firft Right Mr. Thomas
Mayhew, Senior, hath had to the Ifland Nantuckett,
as well as Martin's Vineyard, It is Ordered, during
his Time, that hee ffiall Prefide at the Gena]I Courts
to bee held in either of the Iflands, which are to
bee held in like Manner as was Eftabliffit by Gover-
nor Lovelace, the Orders whereof, as well as the
Times of Election of their Magiftrates and other
Officers, are to bee obferved as then prefcribed.
3. That all peculiar By Lawes, legally made at
their Gena11 Court, bee Returned to mee, as foone
as conveniently may bee, that they may Receive a
Confirmation, and in the meaneTimeto bee in Force.

[64]
4. That the Rights, Propertyes and Priviledges
of the firft Purchafers or Proprietors and their Affo
ciates, bee preferved unto them : And that all
Graunts, Conceffions of Lands, Priviledges, or what
elfe hath been fince made by them to any others,
bee likewife punctually obferved and made good.
As to that Claufe in the Addiconal Inftrudtions
and Directions for the Governm1 of the Ifland
Nantuckett, fent by Mr. Richard and Capt. John
Gardner, wherein it is faid (vizt.) That all auncient
and Obfolete Deeds, &c, ffiall bee efteemed of no
Force or Validity, but ye Records of every ones
Claime or Intereft, ffiall bear Date from the firft
Divulging of the Patent, &c. : It is to bee under-
ftood, That all that were at that Time legally
poffeft of any Land, Houfes, &c, in that Ifland,
were Confirmed in their faid Poffeffion by their
Patent, but obliged to Record their faid Titles, to
avoid all future Litigious Suites upon acco1 of their
Uncertainty, the which (if not yet done) the Chiefe
Magiftrates are hereby required to enjoyne the fame
according to ye Cuftome of a Manner,1 as is granted
them in their Patent.
Given under my Hand in New Yorke, the 7 th
Day of November, in ye 26th Yeare of his
Mat;es Reigne, Annoq Dmn, 1 674. E. Andros.
To the Governo1" and Affociates at Martin's Vineyard
and Nantuckett. 1 Manor.

[65]

A Commiffion to call Offenders to Account,
in Martin's Vineyard, &c.
[Warrants, Orders, PafTes, iii, 21, Secretary's Office.]
Edmund Andros Efqr. &c. :
Whereas, I have been given to underftand, that
feverall Diforders have hapned in the Iflands Martins
Vineyard and Nantuckett, (or one of them) fince the
Time of the LHitch ^^ comin^ijvtojhjeieJpjaxtsjn July
1 67_3i_lTTiave with the Advice of my Councell,
thought fit to Order and Appoint, that the Governor
or Governo" and Affiftants of both the Iflands
aforementioned, bee hereby Authorized and Em-
powred, to call to Account and Puniffi according to
Law, all fuch Perfons as have been Ringleaders or
Capitall Offenders and Tranfgreffors againft the Ef-
tabliffi1 Government under his Royall Highneffe,
the Crime not extending to Life, Limbe or Baniffi-
ment : But in Cafes of fuch High Crimes, which
may Deferve thofe Puniffiments, to Secure the
Offenders, and fend them hither Prifoners by the
firft Convenience.
Given under my Hand and Seale in New Yorke
the 7th Day of November, in the 26th Yeare
of his Maties Reigne, Annoq Domini, 1674.
E. Andros.

[66]
(Endorfed) "Peticon from Mr. Matthew
Mayhew and Mr. Tho: Daggeti to the
Governor , Nov. 14, 1674."
[New York Colonial MSS, xxiv, Sec. Office.]
To his Honr Major Edmund Andros, Governor
of his Royall Highnefs Territories in America.
May it pleas your Honour to underftand, that
Mr. Thomas Mayhew, of Martha's Vineyard, hav
ing received Commiffion from CoUonell Ffrances
Lovelace, late Governor under his Royall Highnefs,
of his Territories in America; to Govourn and
hould the faid Ifle of Martha's Vineyard, for his
Royall Highnefs, accordingly continued in the quiet
and peaceable Management  untill the
unhappie Time of the Enimeis Poffeffion of this
Cittie ; the Newes whereof no fooner arrived there,
but fundrie the Inhabitants affirming that Ifle to be
vertually taken and be under the Govourment of
the Dutch, difobaied the Govourment there Efta-
bliffied under his Royall Highnefs; the Govournour
giving them to underftand his Refolution to hould
and defend the Place untill it ffiould be forceably
taken out of his Hands ; fome more Principall
putting the Matter forward, about half the People
in a mutinous Manner rofe, with many contume
lious Words and Threats againft the faid Govourn-
1 Daggett was a Son-in-law of Thomas Mayhew.

I 67 J
our, daring him in the Profecution of his Royall
Highnefs his Gouvernment; and fome Time after
fent Meffengers to Bofton, to transfer the Govour
ment of the Place thither ; of which they likewife
giving the Gouvournor Notice, he informed the
Govournour of Bofton, that he held the Ifland for
his Highnefs the Duke of Yorke ; which preventing
their Intention, they proceeded to erect a Govour
ment in oppofition to his Royall Highnefs Govour
ment, affirming to the Govournour that the longeft
Sword  bear Rule, tearing of Warrants, abuf-
ing Officers, difdaining. . . .much as at any inti-
matio  Right, Title of Intereft from his
Royall Highnefs, and have ever fince managed their
 with fuch an high Hand, as to live accord
ing to their Profeffion, by the Sword. . . .Rage,. .
their Fifts, threatening the Govournour, challenging
the fo. . . .him; and as to the other his Majefties
good Subjects there, they have not Refrained all
riotous Practices, infomuch that they have intreated
and hardly been diffuaded by the Govournour from
ufing of the Sword in their Defence, but now hope
by your Honour's Care, they ffiall be relieved ; for
whofe fafe Arrivall they have patiently weighted,
as in Time of great Drouth for the latter Raine ;
for which if pleafed the Govournour to order my-
felf, together with Mr. Thomas Daggett, who is
one of his Affiiftants, to give your Honour a more
particular Account; and ffiall not farther trouble
your Honour: But intreating your Honour's favour-

[68]
able Conftruction, and Pardon for the Prolixitie of
thefe unpoliffied Lines, We remaine and fubfcribe
ourfelves to be,
Your Honour's moft humble, willing
and obedient Servants,
November 14th, 1674.

Thomas Mayhew to Gov. Edmund Andros.
[New York Colonial MSS, xxiv, Sec. Office, the Original very much
damaged.]
For his Honor Major Edmund Andros, ye Go-
vernour Generall for his Royall Highnefs James
Duke of Yorke and Albany, over all his Ter
ritories in America, the Prefents at Fort James
in New York.
Uppon Martin's Vynyard, this 12th Aprill, 1675.
Defervedly honoured Sir :
I have written to yor Honr by Stephen Huffy, the
wchI hope is come to Hand fynce, by Way of Bofton,
which I doubt not were carefully fent, to both
which I humbly defire yor Honour, not queftioning
in the leaft but that they ffiall be confidered accord
ing to the Worth of the Contents : My earneft

[69]
Defire now is, to haue Patience to reade and weigh
the enfueing Lines in a fpeciall Manner, whereby
vnto your Honour I ffiall be much obliged.
In 1 64 1, I had a Graunt of Mr. James Forrett,
Agent to the Lord Sterling for thefe Ifles, and I
forthwith indeavoured to obtaine the Indian Right
of them ; Mr. Richard Vynes, Steward Gena11 to Sir
Ferdynando Gorges, heareing of it, Enterrupted,
ffiowing me his Mailer's Pattent and his Power,
infomuch that I was convinced by him and 
Gorges, who was then Governour of the Province
of Maine, th  realy Sir Ferdynandoe's
Right, and for a Some of Money did obtaine from
faid Vynes a Graunt alfo.
It came foe to pafs, that Mr. Forrett went fud-
denly to England before he had ffiowed me his
Mafter' s Pattent whome afterwards I never faw ;
Some Yeares after this came over one Mr. Forrefter,
furnifhed with Power, who was here with me, and
told me that he would cleare up all Things, and
that I ffiould be one of his Counfel ; but he from
hence went to Long Ifland, and from thence to the
Dutch, where the Gouernour put him in Prifon,
and fent him a Prifoner into Holland, as I heard,
and I never faw him more.1 Soe wee remained
vnder Gorge, had noe Newes of either Lord Propri
etor till his Matie5 Commiffioners2 came over, and
See Introdu&ion.
2 Richard Nicolls, Sir George Carterett, Sir Robert Carr, and Samuel
Maverack.

[7°]
then Mr. Archdale fent me printed Paper, whereby
his Made had by his  Counfell in the 
moft ftrongly confirmed Ferdynando Gorges Efquire
to be the Lord of the Prouynce of Maine, of wch
Nantuckett and this be a Pte : withall he wrote me
that Generall Nycolls did clayme thefe Ifles, but
at their firft Meeting that would be taken of. > So
now after this Generall Nicholls wrote to me that
M1'- Archdale haueing Gorges Pattent for to prefent,
and he not haueing the le  the King's
Commiffioners refered the Decifion to his Matie :
whereof he had not any Intelligence, but a little
before he went Home for England, Generall Nycoll
did acknowledge that the Power of thefe Iflands
was proper in ye Hands of Sir Ferdinando Gorges.
I have the Teftimony of the Generall Court of
Bofton for it, wch Court fent to the Gentlemen of
the Prouynce of Maine, whofe Anfwer was, that it
was in myfelf, &c. Now after all this, do . . gs
CoUonell Louelace he fends for me in a loueing
Manner, to come to Yorke to ffiow by what Tytle
I hold thefe Iflands, whereuppon I gave him to vn-
derftand as is above written ; and at length went to
him and ffiowed him my Graunts, wch he approued
of, and the printed Paper from his Maae, at wch he
ftumbled much ; alfo I ffiowed him what Generall
Nicolls had written me of his not being informed
what his Matie had donne : thereat he ftumbled
very much likewife : then I alked him yf he had
the Lord Sterling's Pattent by him, he faid noe : I

[7i]
anfwered then I was at a loffe. I went to Captaine
NycoUs and acquainted him with or Difcourfe, and
 prayed him to fearch in Matters of Long
Ifland, to fee yf he could not find the Date of Lord
Sterling's Pattent, yf not I could doe nothing at
Yorke, wch he did finde, and it was more Antient
than Gorges. If not, I had nothing but about
Elizabeth Ifles, I queftioned alfo in myfelfe whe
ther fafe for me to medle, I fay medle, touching
any Thing without as publique a Warrant to declare
Gorges Government as I had to obey it 
his Ma^e _ # # Except I were compelled ; affter this
his Honour and I did agree vpon an Acknowledge
ment wch by my Graunt from Mr. Forrett I was
to pay mearly to the Lord Sterling, or his Succeffours,
a new Charter and Liberties in it made, grounded
upon my firft Graunt and the Refignation of Ld
Sterling's Heires to his Royall Highnefs, &c.,
thankfully by me accepted there and by all at Home,
and alfo at Nantuckett foe farre as I know ; ye Ge
nerall Court unanimoufly paffed Lawes made ac
cording to Liberties graunted without 
The next Yeare wee went to Nantuckett with the
 vs a Book of wch we had no Notyce
of, nor any Inftruction  they would
not proceed in the Waye wee begann, nor the great
b  after very much Debate wee came away,
refolving fpeedily for to apply ourfelves to the Gou-
ernor thereabout, but Mathew being uppon the
Way, who was furniffied to pay the Ackowledge-

[7^]
ment, met the News that Yorke was taken by the
Dutch.1 Then I hearing that Captaine NycoUs
was well, &c, I certyfied him at large of every
Thing, from wcn I had an Anfwer to full Satisfac
tion in every Particular : and laftly by our Appli
cation to yo1' Honour I did and doe ftill reft fatisfied
therein to the full, it being abfolutely Juft in my
Judgment, and fuch as have feen it that are very
Judicious. But thofe of Nantuckett, it is faid they fay noe
Man had Right to a Foot of Land before the Date
of the laft Charter, and acte accordingly, notwith-
ftanding all the forefaid, and they by the Book en
deavour to dethrone or Libertyes ; announcing my
Right obtained from the Earle of Sterlinge nothing,
alfo the Indian Right nothing, my quiett Occupa-
fion there of 29 Yeares nothing, the Grounding the
ten Partners upon my firft Graunt nothing; all
1 On the 8th of June, 1674, Triftram Coffin, (senior and junior,) James
Coffin, John Bifhop, Nathaniel Barnard, Stephen Huffy, Thomas May
hew, Stephen Greenleaf, Jofeph Auftin, (for Peter Coffin,) Robert Pike,
Triftram Coffin, Nathaniel Starbuck, and John and Richard Swayne,
engaged to pay the Expenfes of two Perfons to New York to fettle the
Cjueftion of Title. They appointed " Thomas Mayhew or his Kinfman
Mr. Matthew Mayhew for one. Alfo Mr. Triftram Coffin Senr. and
Major Robert Pike, or any two of them, in Cafe of any Providence pre
venting." (Deeds, i, 67.)
At the fame Meeting, a general Statement of their Tide from the
Grants of Sdrling and Vines, and the firft Indian Deed on Nantucket,
May 10, 1660, down to the Time of the Meedng, with a particular Ac
count of the Sales and Alienations of Individuals, was drawn up for Exa
mination by the Governor. As much of this has already been given, or
will appear in the fubfequent Papers, it was thought unneceffary to infert
it.

[73]
other Tranfactions for 29 Yeares nothing; the
Lawes now made nothing, wch yor Honour and
Counfell faw Reafon to put in Force ; all wch is
moft abfurd, unreafonable, and muft bring that wch
they for fome by End indeavour to interprett away
and make voyd, is that wch by Generall NycoUs
was judged Good, wch his Honour CoUonell Loue-
lace confirmed without the leaft Scrutiny, and
Counfel, that which Captain NycoUs by his Letter
verily approued, and that wch yor Honour and
Counfel hath determined ; I hope yor Honour will
take fome fpeedy Courfe to force into Practice what
you haue eftabliffied; this is very certaine, that their
now con .... ual Apprehenfions, and Interpreta
tions and Actings in fome Degree accordingly was
the firft Roote of Contentions about Right to Land
at Nantuckett, and Reuoltings from Gouernment
here, and crying down Power, and their coming
hither now and .... uring without or doeing more
in puniffiing Ringleaders in crying downe Power
of Gouernment with their  and with fome
of them and allfo Captaine Gardner fayeing to the
chiefeft of them at his Houfe ; that yf he had noe
more to anfwer for than they had at Yorke he
ffiould fitt but little by it, but he had much more,
and I fay this hath allfo turned to or Preiudice. I
.... have one Oath of what Capt. Gardner fpake
as aboue : At laft I faye I haue doune my beft in
fettling thefe Ifles ; have paffed through many
Difficulties and Daungers in it, been at verry mch
10

[74 J
Coft toucheing Englifh and Indians, wch I ffiall
haue for prefent to mention ;  yf God pleafe
to ... it to ye Fall, and befeech yor Honor to take
or good Underftanding to be .... I with all Hap-
pinefs to attend yor Hon1" and yors I commend to the
Lord's Direcon, Ptecon and Reft.
Yor Honors moft affeconate and moft
humble Servant.

T^^/%^"

This 1 2 Aprill I fay farther, that Cap1 Gardner,
who feemed to make little of the Faults of the
Ringleaders: I befeech yor Honor to confider of his
vnfittnes to medle with it. Certainely they haue
need of real . . . with all that now refolved to owne
noe Power of his Royall Highnefs here, and onely
one of the fix is come, who wee haue accepted and
admitted his free .... the other I fee noe readynefs
to tender any Sattisfacon  is now to fett
upon and ... I hope or . . . Acknowledgement will
. , . taken fpeedyly and fend, it is true that the ....
the Uncertainty of Intereft in  at Nantuckett
has  Servant.
Thomas Mayhew.
May it pleafe yor Honor to image what I have
on thefe Hands. Graund Sonnes, 15
My Sonnes Sonnes Sonnes 3

[75)
Daughters 3
Graund Daughters 1 1
32
I prayfe God two of my Grand Sons1 doe preach
to Engliffi and Indians, Matthew fometimes to the
Younge ....

Petition from Nantucket to Gov. Andros.
[New York Colonial MSS. xxiv, Sec. Office.]
To the Right Honourable Edmund Androffe
Esqr Gouerno1- Gen. vnder his Royall High
neffe James Duke of York and Albany, of his
Territories in America.
The Petition and Addreffe of ye Towne of Sher-
bourne, upon the Ifle of Nantucket.
Right Honorable, we entreat yor favourable ac
ceptance of or real and hearty Welcome as or Go-
uernor which is to us as the rifing Sun after a dark
and ftormy Night, together with or humble Thank-
fullneffe for yor Honrs Care of us, as appears by the
renewed Commiffion and Direction fent or Magif-
1 Thomas and John, Brothers of Matthew Mayhew. The former
died in 171?, and the latter in 1689, aged 37. Experience Mayhew,
alfo a Minifter, and author of " Indian Converts, or Some Account of
the Lives and Dyeing Speeches of the Chriftianized Indians of Martha's
Vineyard in New England," (Lond. 1727,) was a Son of John. (Coll.
Mafs. Hift. Soc. 2d Ser. iii, 6j.)

I 76]
trates, which we hope haue bin and will be readily
followed : Thus yor Honr manifefted Fauour toge
ther with or oune Neceffity, gives vs Encourage
ment humbly to Petition.
Ffirft that or real Loyalty to or gratious Soueraigne
or true and hearty Obedience to his Royal High
neffe Lawes, and that we may not be excluded the
Go .... ment and Vfe of them by any Meanes.
 or Hon : may retaine the abfolute
Gouernment  nor and that we may be
fubordinate to no P'fon elce but yor Hon : onely,
fo long as God and his Royal  neffe pleafe,
which we hope wUl be dureing yor Life, which
we pray God to continue.
3. That the Liberties and Rights granted vs in
or Charter by the Honble Col. Louelace by Com
miffion from his Royal Highneffe may not be im-
p'red or diminifhed by any P'tence of or Averfaries
whatfoever. 4th. That yor Hon. would be pleafed to graunt
us fome Fauoure in the Manner of or paying or Ac
knowledgement, if poffible, and to graunt us fuch
farther Inftructions asthall be p'pofed by or Friends,
as yor Honr find to be moderate and rational.
$ly. Yor Hons fauourable Audience and candid
Hearing of or ffriends, whom we haue for that End
to giue yor Hon : a full and true Accompt of all
Matters here with vs, which we haue Caufe to be-
lieue hath not bin yet done by thofe that haue
ranne and not bin fent. There being many Things

[77)
and that of Confequence which by writeing we
cannot fo well do, which we have committed to
or Friends, to attend yor Hons Direction in.
And now Right Honble we beg yor P'don for or
Ptefting it is not out of the leaft Iealoufie of your
Hons Goodneffe to us, or Wifdome in ordering all
Things fo as ffiall be legall and iuft, but are here-
vnto moued p'ceiving ye Endeavours of fome, to
bereaue us of or all as Loyalty, Obedience, Lawes,
Libertyes, all which are pr'tious to us. The farther
making out of thefe P'ticulars, and what elfe may
concerne us, we leaue to or ffriends, whom we doubt
not but will giue yor Hon : full Sattisffaction, and
Information, in whofe Mouths we are confident
will not be found a falfe Tongue.
Thus with or Prayers &c. we take Leaue, and
humbly entreat we may fubfcribe orfelues yor Hon.
 and real Seruants. [Three Names illegible.]
^Jw:Jtcufp
Sharborn the 12 of Aprill, 1675.

[78]

An Order fent to the Magiftrates of Nan
tuckett for permitting Searches and
Copies of their Records to be taken.
[Orders, Warrants, Paffes, iii, 77, Sec. Office.]
Whereas I am informed, that a Search, or
View and Copyes of the Publick Records, are de-
nyed to the Inhabitants, or others concerned in
Nantuckett ; Thefe are therefore in his Maries Name
to require you forthwith to take Order therein, and
that for the Future all Perfons may have a legal]
and free Recourfe thereunto, as in other his Maries
Colonyes, in paying reafonable ffees for the fame ;
of which you are not to faile, as you will anfwer
the Contrary at yor utmoft PerUls.
Given under my Hand, in New Yorke, the 17 th
Day of Aprill, 1675. E. Andros.
To the Magiftrates and
Officers of Nantuckett, &c.

[A Fragment of a Petition of like Tenor with that on the fol
lowing Page, dated April 20, and figncd by Richard Swayne,
Tri/lram Coffin, John Swaine, Nathaniel Harwood, Nathaniel
Starbuck, Stephen CofFyn, and John Coffin, is omitted.]

[79]
Petition and Propofals from Mr. Coffin and
Mr. Mayhew in New York, April 7, 1675.
[New York Colonial MSS, xxiv, Sec. Office.]
The Humble Petition of Triftram Coffin, and
Matthew Mayhew, in Behalf of the Majr Part
of the firft Purchafers, Freeholders, uppon the
Hand of Nantuckett, to your Honour humbly
ffieweth :
That your Honour's Petitioners having derived
Right and Intereft unto the faid Hand of Nantuckett,
from the Right Honourable William Earle of Ster
ling, as alfo for their more fure Injoyment thereof,
from Ferdinando Gorges Knight ; they began to
Settle and Inhabit the faid Ifland in profecution
whereof, they expended a considerable Summe
befides the many Dangers they expofed themfelves
unto in Refpect of the Natives there Inhabiting;
and finding neceffite of neceffarie Sea Men and
Tradefmen, they haue given out of their faid Pur
chafe, certaine Parcells of Landes, with certaine
Injunctions, neceffarie to the well being of the Plan
tation, as in the Coppies of their hould may appear;
and having Obtained a Confirmation of their faid
Intereft, from CoUonell Francis Lovelace, the faid
Purchafers and Freehoulders hoping to have held
their faid Intereft and Proprietie by the faid Tradef
men and Seamen, with the Afliftance of fome of the

[8o]
firft Purchafers, have been damnified to the Value
of fome hundred of Pounds, neither are the faid
Purchafers Freehoulders there, fuffered to act in the
Difpofall of any of their Landes and Interefts afore
faid; But their faid Intereft and Proprietie is or
dered and difpofed of principally by the faid Tradef
men and Seamen, who wth fome of the Purchafers
being the Major of the faid Hand in Perfones though
not Propriety, have elected into Authoritie fome of
themfelves, whereby they have prefumed to difpofe
of our faid Purchafe, deviding it one among ano
ther. Neither can your Petitioners have their
Redrefs ; they affirming that every Card they play
is an Ace, and every Ace a Trump ; and that the
faid Purchafers could have no Remedie in Law;
affirming that it was his Highnefs had taken it, and
given it to them : Your Petitioners therefore hum
bly pray, Procefs againft the faid Intruders, and that
it may pleafe yor Honour to affift your Honors hum
ble Petitioners, fo, that there may be fome Meanes
whereby they may bring their faid Caufe to TriaU ;
not doubting to make more enormious Actions ap
pear then in this we can acquaint yor Honour with:
humbly defiring yor Honor to pardon the Prolixitie
of thefe unpoliffied Lines ; we ceafe and are,
Your Honors humble Servants and Subjects.
<2^xift£a*>- G§fyn-
Aprii ,7. .675. @zJ*&v Qtyte*''

[8i]

Petition of the Magiftrates and others of
Nantucket, April 28, 1675.
[New York Colonial MSS, xxiv, Sec. Office.]
To his Right Honble Edmund Andros Efq., Gou-
vernor Gen. vnder his Royal Highneffe James
Duke of Yorke and Albany, &c. : of all his
Territories in America :
Right Honble, let or humble and hearty Welcome
falute yor Hon : as or Gouvernor ; yea, thrice wel
come let yor Hon : be, whofe firft Ap'pance made
or Hearts reioyce, and put new Strength into our
weake Hands, hauing had hard Labour, and great
Oppofition in the Truft committed to us, being
bereaved as it were of all Succour except or Loyalty
to or Royal Soueraigne and Obedience vnto his
Royal Highneffe ; which we were refolued to part
with or Lives rather than to lofe, but now queftion
not of P'tection in what is legal and iuft.
Right HonbIe : Yor reuered Commiffion and In-
ftructions, fent by Mr, Coffin, were receiued four
days after his arriuall here, being firft, (as we were
informed) canueffed too and fro by fuch priuate and
inconfiderate P'fons as he thought good, the which
we readfly and thankfully receiued, the Rules therein
prefcribed we have all along followed, formerly and
fince, according to the beft of our Vnderftanding,
1 1

[82]
and ffiall be ftill willing to be guided by yor Hons
further Directions, and for that End haue fent or
Friend and fellow Labourer vnder the Burthen with
us, whom we hope will find Favour wth yor Hon :
that he may give a full and true Accompt of all
things w* us, wch is or humble Petition, being fully
confident yor Hon: being rightly and fully informed
will haue favourable Thoughts of us. We p'fume
and certainly believe that very falfe Things nnd
vntrue are fuggefted to yor Hon : vpon felviffi and
finifter Ends ; not doubting but they wfll find Ac
ceptance accordingly.
As to P'ticulars we leaue to or Friend, affureing
yor Hon : you ffiall always the Trueth app'eing find
us loyal, obedient, ready to heare and follow Inftruc-
tions thus with or Prayer &c, we take leaue, and
reioyce that we may fubfcribe ourfelues

o ift^n^v hcK.'kuJfttr

'3T2Z

£'

clwW" ^farGucfc

[83]
Council Minutes.
[Council Minutes, iii, Part II, page 36, Sec. Office.]
At a CounciU, Ap11 28th, 1675.
Prejent : The Governor,
The Secretary, Capt. Brockholes,
Mr. Lawrence, Capt. Dyre.
The Matter under Confideration was the Bufinefs
of Nantuckett, about ye which Mr. Triftram Coffin
and Mr. Matthew Mayhew on ye one Part, and
Capt. Jn° Gardiner and Mr. Peter Ffoulgar on the
other, were here.
Two Peticons brought by Capt. Gardner read,
fubfcribed by feverall of ye Ifland, ye one from ye
Magiftrates, ye other from them and others.
Capt. Gardner produced his Power to act or
Treat for ye Towne, and makes a long Relacon of
Matters concerning Nantuckett.
Hee is referred till To-morrow for a farther
Hearing. Capt. Gardner's Power is figned by 4 Perfons in
ye Name of ye Towne. It's dated March ye 25th,
1674. The Names Richard Gardiner, Edward Starbuck
Thomas Macy, William Worth, in the Name of
the Towne. The three firft are Magiftrates.
Mr. Triftram Coffin and Mr. Matthew Mayhew
having prefented a Peticon from Martin's Vineyard,

[84]
and fome of Nantuckett, authorized by Mr. Thomas
Mayhew, are appointed to give their Attendance
To-morrow by eight a Clock, when Capt. Gardner
is likewife to bee here.
At a Councell Aprill 29, 1675.
Prejent : The Governor, Mr. Lawrence,
The Secretary, Capt. Dyre.
The Bufinefs of Nantuckett under Confideracon.
Mr. Triftram Coffin and Mr. Matthew Mayhew
prefent a new Paper, figned by themfelves.
After feverall Houres Difcourfe they are difmift
till To-morrow Morning.
At a Councell Aprill 30th, 1675.
Prefent : The Governor,
The Secretary, Mr. Lawrence.
The Nantuckett People of both Sides mett, and
after having declared their Cafe of all Parts, the
Governor referred them to his Determinacon againft
Tomorrow. At a Councell, May ye ift, 1675.
The Draught of what was graunted, allowed of,
and confented unto by all Partyes : Soe ordered to.
be engroffed.

[85]

InftruBions and Orders for Eftablifhing of
Courts and Prudential Bye-Laws in
Martin's Vineyard and Nantucket.
[Warrants, Orders, Paffes, iii, 84, Secretary's Office.]
Edmund Andros Esq. &c.
Whereas there hath lately hapned fome differ
ence about the Manner of keeping the Particular
and Generall Courts of the two Iflands of Martin's
Vineyard and Nantuckett, and particularly concern
ing the Lawes; Vpon mature Confideration thereof,
I have, (by the Advice of my Councell) and do
hereby order :
1 . Firft, That the Iflands of Martin's Vineyard
and Nantuckett, continue the Enjoyment of their
juft Rights and PrivUedges, and former Graunts,
with the Power to make peculiar or prudential By-
Lawes in their refpective Iflands, Townffiips, or
Corporacons, not repugnant to the Lawes of this
Governm1. And the faid By Lawes to bee binding
and in fforce, in_jiiy_Mattei_n£t__ejcc^e^n2^:_five
P oundj^Jx^bee adjudged by the_Chiefe -Magiftrate
anH^^ffiftajrtsJjx-eaoh- Ifland,
2. That the Court in each Ifland ffi^U_cojifi-ft-Qf
the Chiefe Magiftrate aridTlhr^e^Sffiftants, or^ny_
three^oX.tliem2jof which the Chiefe^ jMagiftrate^ (if
well, and in the Ifland,) to bee one, otherwife the

[86]
oldeft Affiftant ; And that they do not faile of keep
ing Publicke Courts quarterly, or oftener, if there
be Occacon.
3. That all Matters from five to ten Pounds,
may bee Tryde in their refpective Courts, without
Appeale ; But to bee according to the Lawes of
this Government : If above ten Pounds and under
neath ffifty, may appeale to the Gena11 Court of
both Iflands, where all Cafes ffiall be tryed, and
Proceedings bee, according to the Lawes of the
Government; And in any Cafe exceeding fifty
Pounds, an Appeale is to be admitted to the Gene
rall Court of Affizes in this Place.
4. That the Gena11 Court for both Iflands do
confift of the Chiefe Magiftrates and Affiftants, of
both Iflands, or any five of them, (whereof two of
each Ifland, and a Chiefe Magiftrate to bee one)
as directed by former Orders ; But in Cafe of
Death, or other unavoidable Neceffity, the other
Chiefe Magiftrate to fupply his Place, and have the
cafting Voice : And that any prudentiall By Lawes,
made at the faid Gena11 Court, (wherein there ffiall
not bee above two diffenting Voyces) ffiall be in
fforce and binding for both Iflands.
5. That the Conftable of each Place, have full
Power and Authority to keep the King's Peace
within their Precincts, and to execute all fuch Or
ders, as the Chiefe Magiftrate and Court, ffiall
direct, and to bee Accomptable unto them for the
fame, according to the Duty of a Conftable.

[87]
6. That the faid Iflands ffiall in no Cafe, nor in
noe Wife be fubject to or have any Dependence
upon Long Ifland or any other Part of this Govern
ment, but onely bee Accomptableto hisRoyallHigh-
neffe Liev1. and Governor Gena11 in thefe Parts, or
the Gena11 Court of Affizes.
Here given under my Hand and Seale in New
Yorke, this 29th Day of Aprill, 1675.
E. Andross.
By the Governor.
Vpon taking into Confideracon, the Good and
Welfare of the Inhabitants of the Iflands, Martin's
Vineyard and Nantuckett, I have, (by the Advice of
my Councell,) and do hereby order :
I. That nnne hut the Tnbahiiaj3ts^-af_the fiid
Iflands, b_e^^ffinitted to anyjManner ofTrade with.
the IndyjmjMhereofJ_jioxJo_
Port of the Tfland, bnf in the vrQigll Port allowed- -of,
in the_ refpective Townes>_^'ori_the-Space^of one
whole Year^after-theJDate-hereof.^
2. That whereas, I have not had any Returne
for Magiftrates or Officers from the Iflands of Mar
tin's Vineyard and Nantuckett, for the enfuing Yeare,
which I do expect at the ufuall Time ; I do in the
Interim, in his Maties Name further authorize the
prfent Magiftrates and Officers in Places, to con
tinue in the fame untill further Order.
3. That the non-improveing of Lands upon the
faid Iflands for the Time paft, as directed by the

[88]
Lawes of this Government ffiall not prjudice their
Rights, fo that for the Time to come, they improve
them according to Law.
Given under my Hand and Seale in New Yorke,
the 29th Day of Aprill, 1675. E. Andross.

Council Minutes.
[Council Minutes, ii, Part II, p. 51, Sec. Office.]
At a Councell, Sept. 28th, 1675.
Prefent : The Governor, The Secretary,
Capt. Brockholes, Mr. J. Lawrence,
Capt. Dyre, Mr. Ffred. Philips.
The Matter in Confultation was about a Letter
brought by an Exprefs from ye Ifland Nantuckett,
intimatin^jffijh^JWeakji£fs_arjd great Strength of
the Indyjinj^hatb^-iinjt^
Vineyard, not above 40 Men at ye Laft, and 30 on
1 Upon Receipt of the News of the Outbreak known as " Philips In
dian War," Governor Andros haftened to the Connecticut River, and from
thence to the eaft End of Long Ifland, to take Meafures for preventing
any Difturbance among the New York Indians. A Sloop was dispatched
with one Barrell of Powder, fifteen Mufkets and fouT^kemTof^IalelLiQr
Martha's ^Vineyard, and IHFlike "ATnoffiroTTowHer ten" Mufkets and
three Skeins of ""Maich for Nantucket. Franck Lee, who had Charge of
the Sloop, was directed " not to flay in either Place above one Tyde
unlefs it may happen, that the Indyans fhould flock over from the Maine,
and the Chiefe Magiftrate or Officer defire yor Affiflance for obflrufting
the fame by Water." Several Documents relating to this War are omitted
with the Defign of embodying them in a fpecial Volume.

[89]
ye Former, capable of bearing Armes.1 On Nan
tuckett ye Indyan Men 5 or 600 ; not fo many on
Martin's Vineyard.
They defire in their Letter a Couple of great
Guns, and halfe a Doufen Souldrs .
They pretend an illConfequence may arrive
uppnjiie__TiidyjaJiOrrayjru^ on Marrirfs
YLusyarcL Refolved, To fend them each a great Gun at
ye two Iflands of Nantuckett and Martin's Vine
yard, and to each ye Proclamation concerning
ye Indyans, of keeping Watches, erecting Block
Houfes, (Sec.
Petition o/~Peter Foulger about Proceedings
at the General Court of Martin's Vine
yard, 1676.
[New York Colonial MSS. xxiv, Sec. Office.]
To the Right Hon : Major Andros, Gouernour
at New Yorke, The humble Petition of Peter
Ffoulger,2 now Prifoner at Shearburn upon the
1 1500 Indyans, Men, Women and Children, [Marginal Note in
Orginal.] 2 Peter, a Son of John Foulger, and the Grand-father of Benjamin
Franklin, was born in 1 6 1 7, and became an early Setder on Nantucket.
Cotton Mather mentions him as " an able Godley Englifhman, who was
imployed in teaching the Youth in Reading, Writing and the Principles of
Religion by Catechifm, being well learned likewife in the Scriptures,
and capable of Help in religious Matters," (Magnalia B. vi, p. 54.) ^He
was chofen Clerk and Recorder, July 21, 1673 (Deeds ii, 2, Register
Office, Nantucket,) and died in 1 690.
12

1 90 j
Ifland of Nantuckett, vpon the real Acount of his
Royal Highnefs Intereft, (at leaft in his Judgment,)
is as followeth :
May it pleafe your Honor to vnderftand, that the
Occafion of this my Petition is to acquaint your
Honour with that new Trouble that my felfe an
others meete now withal in this Place, ffor indeed I
cannot wel informe your Honr how it is in my own
Cafe, vnles I fpeak fomething of the generall Cafe.
So it was that when the Date of Mr. Tho : Macy's
Comiffion was out,1 he called the Town together,
and being met he told them that hiu Comiffion was
out, yet he did affert it, and defired to know of the
Town who would ftand by him in it. Som of vs
faid it was not the Town's Bufines to fpeake of his
Comiffion, but we did conceiue that your Hon : had
left a fafe and plain Way for the carrying on of
Gouernment til further Order. Others fayd that
his Commiffion was in Force tilfurther Order, though
not expreft and argued it out from former Inftruc-
tions, and begun to be very fierce. We thought their
End to be bad, and therefore fayd littel or nothing
more, (they being the greater Part,) but were re-
foulued to be quite, looking vpon it as an evil Time.
After this there cam hither from Pufcattaway Mr.
Peter Coffin and fome others, toftay here this Winter
for fear of the Indians. Then another Meeting was
called to chufe new Affiftants to Mr. Macy. We
1 Thomas Macy was Commiffioned as Magiftrate of Nantucket, Oct.
I, 1675.

[9i]
knowing that we ffiould be out voted, fat ftil and
voted not. The firft Man that was chofen was
Peter Coffin ; Stephen Huffey was the Man that
carried on the Defigne in fuch a rude Manner as
this : — Com Sirs, lets chufe Peter Coffin, he will be
here but a Month or two, and then we ffiall have
tenn Pound Fine of him. A Man that is in Com
miffion in Bay and is gone thither agayn. A Man
that brought hither an evil Report of your Hon :
from the Bay, which fome of vs did publiquely
proteft againft, and how he hath carried it fince
chofen I ffial leaue at prefent. But if your Hon :
did know the Man as well as God know him, or
but halfe fo well as fome of vs know him, I do
verUy belieue that your Hon : would diflike his
Ruling here as much as any of vs. In the like
vnciuil Manner, they chofe two young Men more,
Stephen Huffey calling vpon them to corne1 fuch
a Man, and fuch a Man, became he had Cattle at
theire Houfes to Winter, and if they did not chufe
them he was afraid they would not winter them
wel. The fayd Stephen bringing his Corn which
betoken Choice open in his Hand, and called vpon
others to Corn this Man and that Man ; Such a
Meeting as I never was at for fuch a Work. And
being Clarke and thereby to fe to the Votes, I cald
vpon them to be Ciuil, and not to make a May-
1 Alluding to the ancient Cuftom of balloting with Corn and Beans ;
the former for, the latter againft the Candidate.

[92]
game of chufeing Men for fuch Imployment, and
fom others fpake after the fame Maner, but as they
began fo they ended.
Now that your Hon : may vnderftand how they
cam to be the greater p1, it was by Mr. Macy his
faceing about and his Family, a Man who was as
much for the Dukes Intereft when we were with
your Hon : at New Yorke as any of vs, But now
for diuers by Ends it is otherwife. I am forry to
trouble your Honr : to Read fo much of this durty
Stuff, but that my own Bufines depends fo much
vpon it as that I fear your Hon : wil not vnder
ftand it, without fom Intimation of it. December
26, was our Quarter Court, and I being Clarke was
at a Strait what to do, becaufe I did queftion as
Things were, whether they would keepe a Legal
Court or no, though I fayd nothing but was Re-
folued to be quiet, and to that End went to the
Court and carried the Court Booke with me,
thinking thereby to while away Time with as
much Peace as could be til either your Hon : cam
to vs or fom further order ; but being there pre-
fently faw that I was in  for if I did not
Write what they would, Peter Coffin told me they
would prefently chuse a new Clarke. I faw then
that the Booke was that which they aymed at, I
did as wel as I could at that Time, and did think
that I would confider better of my next 
fince that they haue kept many private Courts that
they gaue me no Notice of: Ffeb. 10th, cam the

[93 J
Conftable to  the . . . . ke and al other Re
cords of that Nature as your Honr : may fee by this
inclofed Paper1 which is Mr. Macy's own Hand,
Reading the Paper and confidering that they did
not want me but the Booke, I returned them this
Anfwer in Writing, that the Booke was put into
my Hands by the Generall Court, and til the fame
Power, or a higher, did cal for it from me I ffiould
Indeauour to keepe it, but if they would haue any
Coppys out of it they might at any Time haue them.
Immediately the Conftable cam with a Summons,
and hauing no Time to confider further of it I gave
him no Anfwer, but went to Cap'. Gardners Houfe
where prefently he cam with a Speciall Warrant.
I would haue fent your Hon : the Coppy of them
but I cannot git them though often defyred them
of the Conft ; The fayd Conftable by the Help of
other men, haled and draged me out of the Capr.
Houfe and caried me to the Place where they were
met. I fpake not a Word to the Conftable, nor
refifted him in the leaft. When I cam at the
Houfe I faw none of the Court, but the Conftable
told me that the Court was adjourned til Wednef-
day next and that I was committed into his Hands
and muft giue Bond to appeare then.
1 Tis the Order of the Court that the Conftable be fent to Peter
Ffoulger for the Court Booke, and all the Records of that Nature, and this
is to impower the Conftable herein, and to bring them to ye Court forth
with, and Peter Ffoulger is hereby required to deliver them.
Pr me, Tho : Macy,
Mag:

[94]
Feb. 19 th, I cam before them and carried
myfelfe every way as ciuilly as I could, only I fpake
neuer a Word, for I was fully perfuaded that if I fpake
any thing at al, they would turn it againft me. I
remembered alfo the old Saying that of nothing
comes nothing.
But it feemes my Silence did helpe to bring forth
this Sentence, of which your Hon : hath here
a Coppy.1 After my Sentence, the Conftable called for
twenty Pound Bond, or to Prifon I muft go pre-
fently, when they al know that I am a poore old
Man, and not able to maintayne my FamUy. All
my Eftate, if my Debts were payd, will not amount
to halfe fo much, and as for making vfe of Friends,
they al know that I haue more Need of any Helpe
that way for the Supply of my FamUy. For want
of Bond away the Conftable carried me to Prifon,
a Place where neuer any Engliffi-man was put, and
1 At a Court of Ajurment held in the Towne of Sherburne, 14®1
Feburary, 1676, Petter Foulger, Inditted for Contempt of his Magis
Athority, in not appearing before the Court according to fumons ferued
on him and being Aprehended by Specall Warrant being braoft to the
Court to Anfwer for his Contemtious Carage, And being demanded why
he did fo act gaue no Anfwer : Th'o the Court waited on hem a While
and vrged him to fpeak, The Sentence of the Court is to Remite the Caufe
to the Court of Afize at New York as the law derefts and to giue twenty
Pound Bond for his appearance, and to abide the Order of the Court and
to Hand committed ti'l Bond be given. A true Copy By the Court,

/>fcw- 4vwz/j£l

CI.

[95]
where the Neighbors Hogs had layd but the Night
before, and in a bitter cold Froft and deepe Snow.
They had onely thrown out moft of the Durt, Hogs
Dung and Snow. The Reft the Conftable told me
I might ly vpon if I would, that is vpon the Boards
in that Cafe, and without Victuals or Fire. Indeed
I perfwaded him to fetch a little Hay, and he did
fb, and fome Friend did prefently bring in Bed-
ing and Victuals.
But as for Mr. Macy and the Reft of our new
young Magiftrates, your Hon : may fee how far
theire Pitty did extend to a poore old Man, aged
60 Yeares. At the Prefent I haue fome Leaue
from my Keeper to be fometimes at my own Houfe,
but how long that will hold I know not. I haue
informed your Hon : truely what my Condition is,
and my humble Petition is, that your Hon : wloud
be pleafed fo to confider of it, as to ffiew fome
Fauour towards your vnworthy Petitioner, and in
your Wifdom to finde out fome Way for my Free
dom, as alfo to ftop the Rage and Fury of thefe
Men, Leaft others better then myfelfe be brought
fuddenly to the fame Condition that I am in if not
worfe, for the Mercy of fom of thefe Men is Cruel
ty itfelfe, And in Truth I was not the Man that
they moft aymed at. Others ffiould haue bin in
Prifon at the fame Time, but that they found more
heuier Work of it, then they thought of, for it
began prefently to fet a fire the whole Ifland, for I
hauing liued 30 Yeares vpon this Ifland and the

[96]
Vineyard, was fo wel Known, and fo wel Beloued
of Engliffi and Indians, (whether deferued or not)
that the Indians inquired what the Cause was of
my Imprifonment, And though both Ptys was un
willing to tel them, yet being before fo vnfatisfied
with the Orders or Laws that thefe new Magif
trates had made for them, They p'fently found fo
much that they began to fpeak high in the Cafe
for thefe and the like Reafons as I fuppofe our
new Court though they fpeak great Words, yet at
Prefent they are not fo full of Action, and I do
moft humbly intreat your Hon : to confider of the
Condition of the poore Indians in this Refpect,
for they haue fuch Caufe to fpeak againft their
Actings, that we haue no way to quite them, but
to perfuade them to be ftil til your Hon : come
or fome Order from you, which we tel them
we do belieue wil certaynely be. I haue bin In
terpreter here from the Beginning of the Plantation,
when no Englifhman but myfelfe could fpeake
fcarfe a Word of Indian, at which Time I am fure
fome of thefe Men that deal thus with me now, had
felt Arrows in their Sides from the Indians for reall
Wrong that they did them, had not I ftept in
between them and made Peace. And I haue euer
fince bin able by the Helpe of fome antient Men,
to keep Peace vpon the Ifland, but now I am not
able to anfwer them no other then as aforefayed,
for they fay there is now young Men in Place they
do not vnderftand that Way. They cannot belieue

[97]
that young Men, efpecially fuch Men, can vnder-
ftand Things like old Men, and they are always in
Doubt whether they haue Juftice or no. They fay
further, that there is a Bofton Man fits in Place by
Mr. Macy, and he Blind him fo that he canot fe
the Right Path, and they fay that they do not
vnderftand what he hath to do to Judge their Cafes.
Thefe and fuchlike Words I and others haue from
them, and I doe verily beleiue they are theire own
Words, that no Engliffi body euer put any fuch
Things into their Minds.
We haue had Peace hitherto when our Neigh
bours but Juft ouer the Water, haue loft fo many
of ther dear Relations in bloody Wars, I hope your
Hon : wil in your Wifdome finde out fom Way for
vs that we may be able to Anfwer thefe Queris of
the Indians, that Peace may continue ftil between
vs as heretofore. I moft humbly intreat your Hon
to pardon my Bouldnefs in Writing fo much vpon
this Subject, for I haue fo much to doe with the
Indians for fo many Years that I cannot forbear
Writing, Though I cannot Write but with Tears,
confidering the Mifery that they and we are like to
come to. If your Hon : put not a Stop to thefe vio
lent Motions, I verily belieue it were better for vs
and the Indians alfo, that we had no Liberty at al
(at leaft til we could vfe it better,) then thus to
abufe it.
I hear now that our new Court intend to defyer
leaue of your Hon : that my Caufe may be tried at
J3

[98]
the Generall Court. But I humbly intreat your
Hon : to preuent it. I ffiall fit down fully fatisfied
by your Honours Sentence, or by the Sentence of
the Dukes reall Friend whom your Hon : ffiall ap
point. It is known that I haue euerbin for the Duke's
Intereft if they had don fo too, we had not bin fo
many Yeares without a Generall Court, and what
kind of Court they are like to keepe, and what
Juftice I am like to haue from them (as Things go
now) your Hon : I doubt not wil eafily conceiue ;
and now, Right Honourable, if I and my Friends
might injoy fo much Happinefs as to fo but a Line
or two of your Honour's Pleafure, it would affuredly
bring much Joy to your unworthy Petitioner ; Yea,
it would certainly reuiue our Spirits in this Time of
Trouble, til fom of vs might haue that happy
Opertunity to appear before your Hon : againe.
And thus humbly befeeching your Hon : that in
your Wifdom you would be pleafed fo to confider
of my Age and Inability, as to pas by my rude
Manner of Writing, I humbly leaue this my Peution
with your Hon. and reft.
Your humble Petitioner, and unworthy Servant,
who always account it his Duty to pray for
your Honour's Welfare here, and eternal Hap
pinefs hereafter.
Dated March 27th, 167*

[99]
Right Honourable :
We whofe Names are here fubfcribed, do verUy
believe that we ave Peter Ffoulgers Cafe examined
and judged, by your Hon : or any other of his
Royall Highnefs Officers whome your Hon : ffial
apoynt (except at the Vineyard) his Offence wfl be
found nought elfe, but ftanding for his Royal High-
nes Intereft and Gouernment.

nT^t^o-vm^ -^-cfcitaS

Letter from Thomas Macy to the Gouernor.
[New York Colonial MSS, xxv, Sec. Office.]
Nantucket, May 9, 1676.
May it pleafe yor Hon1, where yor Goodneffe
have bin fuch as to fend fo after us to know how
tis with us in thefe troublefome and dangerous
Times, wherein or Neighbours have fo greatly fuf-
fered and we as yet through the Goodneffe of God
are free, thefe are to returne Thanks the fame of
yor Vigilancy we doubt not, hath conduced to or
Peace thefe rude Lines are to give yor Honr an

[ I0° ]
Accompt how Things are and haue bin with us : a
confiderable Company of Indians haue formerly
owned themfelues Philip's Men, but fince the Wars
began they haue feemingly we hope declared them
felves againft him. We haue carried orfelues
towards them manifefting no Diftruft and Things
haue bin orderly carried among them : onely we
haue heard now and then a Word from 
which we haue not liked but haue ouerlooked the
fame. And I doubt not but we may enjoy Peace (if or
Sins hinder not) fo long as we can keep ftrong
Liquor from them. Yor Honr may vnderftand that
fome that dwell elfewhere haue fome Yeares paft
fent Goods to trade with the Indians vpon the
accompt of Fiffiing, and otherwife and great quanti
ties of ftrong Liquor haue bin fent and notwith-
ftanding all orders and care about it to p'hibit it
hath bin one way or other difpofed to the Indians
which hath occafioned great Abufe and Diforder,
but fince the Warrs began they haue not had
much : the laft Fall the Court tooke into their
Poffeflion all on the Ifland and difpofed of it by
fmall quantities as the Owners and the Englifh
Neighbours had need, and becaufe of the late
Scarcity little hath lately come :
The agent here that carried on the Trade for the
Gentlemen hath bargained with the Indians to giue
each Man a dram before they go out to fiffiing in
the Morning ; but vnder that p'tence much Abufe
have bin, but reflecting the p'fent Voyage a fmall

[IOI ]
Quantity came, about 1 6 Gallons which was carried
to ye Indians. It fo came to paffe that a Sloop
came to my Honod Coufin Mr. Mayhew from the
Honble Councell, and Mr. Mayhew fent to me the
Order that prohibited ftrong Drink being carried to
any Indian Plantation, which Order came to my
Hand the 6 day of the Week, and I prefently went
to ye Houfe of him that had carried the Liquor
afore mentioned to ye Indians ; and carryed the
Order with me but finding him not at Home left a
Warrant at the Houfe requireing him in his Mafc to
fetch away the Liquor carried to ye Indians : but
flighted and not at all obeyed, but the Liquor fpent
there as I Anderftand. The Monday following I
caufed the Order to be read in the Town Meeting,
which fome greatly difliked, as I vnderftood.
My humble Requeft is, a Word or two from
yor Hon : about it. Sir, concerning the Peace we
hitherto enjoy, I cannot imagine it could haue bin
if ftrong Liquor had bin among the Indians, as
formerly : for my owne yf I haue bin to ye vtmoft
an oppofed of the Trade thefe 38 Yeares, and I
verily belieue (reflecting the Indians) tis the only
Ground of the miserable p'fent Ruine to both Na
tions ; for tis that hath kept them from Civility,
they haue bin by the drunken Trade kept all the
while like wild Beares and Wolves in the Wilder-
nefe ; concerning my vnderftanding in the Matter
I haue now fent to Gouernor Leueret, ye which I
hope may come to publicke View (See. But re-

[ I02 ]
fpecting the p'fent Times and State of Things, I
humbly entreat if in yor Wifdom you ffiall fee meet
to make a ftrict Law or Order refpecting or Hand to
p'hibit any Veffel whatfoever that ffiall come in ye
Harbor to fell or giue any ftrong Drink more or
lefs to any Indian vnder a penalty, and to Command
or Order the Gouernor here to search all Veffels for
ftrong Drink and either to caufe the Mafter or Mer
chant to carry away or take into cuftody fo much as
they iudge may be needfull for the moderate vfe of the
Engliffi here, or for Indians in cafe of diftreffe, &c.
and according to ye difcreffion of the Court to put
it in the Hands of fome Man or Men that may be
judged faithfuU by fmall quantities, difpofe as be
needed, for tho ye Traders it may be do not difpofe
of much to ye Indians, yet many of the Inhabitants
do frequently purchafe it p'tending for their own
vfe and fel it to ye Indians. An Order from yor
Honr. will be of greater Force than any we can
make tho left too Liberty herein ; and whereas in
yor Letter to Mr. Mayhew you giue Liberty to
difpofe of Powder to trufty Indians for their necef-
fary vse, we judge it were better for us wholly to
p'hibit, for tho fome here we apprehend may be
confided in, yet fo to diftinguiffi will giue great
Offence, yet by priuate Inftructions yor Honr may
referre something to ye difcreffion of the Gouernor,
refpecting contingent Accidents in reference to ... .
and Peace, not further Trouble at p'fent I commend
you  ye weighty Affaires committed to yor

[ io3 J
management to y«  of the only wise God
and remaine Yor Seruant at Command,

"^Jm:JlaQr

Letter from John Gardner to the Gouernor.
[New York Colonial MSS. xxvi, Sec. Office.]
Right Honor abell :
May it Please your Honor.
Duty and Love Commands ; nefefity constra-
ynes : and your Honours Wifdome and Care of us
embouldens mee once more to petiffition and
enforme your Honor of our prefent State : First,
that there hath bene an unhapy diferance Amongft
us ; beyond before my coming to this Hand ; and
fince not decrefed, is to Evident : the Grounds
whereof I belieue your Honor was neuer yet
Rightly Enformed of, and at my Laft being be
fore your Honor, could not then well do it by
Reafon of your Honors Expedition for Delaware ;
but I did then hope at your Honors Returne, to
haue gone through al Things as it then was : but
the unhapy Indian War unexpectedly breaking out :
hath hitherto hindred, that Maters are now
groune much worfe than before:
If I may, therefor, Humbly Entreat your Honors

[ io4 ]
Patience a litell, I ffiall as Breafly as poffabelly I
can, giue your Honor the ffiorte of it, and leaue
it more fully to be don when I ffiall find the
Hapines againe to ftand before your Honor : And
now Right Honorabell, that there was fum kind
of Purchafe of Mr. Mayhew by fum Gentlemen
liueing in the Mafachufets, of Liberty to plant
vpon this Hand ; and after that, the Purchas of fum
Land of the Indian Right fuch as it was ; and a
part of theas Purchafers came to Inhabit, Taking
in fum other Inhabitancy with them on Termes as
agreed one : this is .... c Leave : But his Royall
Highnefs haueing obtained his Royall Grant from
his Royall Majefty together with all other Tit ells
being Refigned over to him and Generall Nickels
rightfully Taking Pofleffion for his Ryall Highnes,
and Gouerning hear for a Time, as your Honor
well know did fend a verball Mefage to the Inhabit
ance, and all Perfons conferned on this Hands, to
apear before him to make out there Claymes, and
Refeue ther Land by Athority of his Ryall High
nes as the Law directs, which Mefage was fo far
flighted as to take no noties of it.
After this, the Right Honorabell Cor*1 Loflas1
coming Gouernor ; did again fend out his Warrant
for Perfons here Conferned to apear before him
within fouer Months to make out ther Claymes :
and to Refeue their Land by Athority from his
Ryall Highnes or Elce all ther Claymes ffiould be
1 Lovelace.

[ 105 ]
ever after voyd to all Intents. The Copy of this was
fent to thofe of the Purchafers yet in the Mafetufets:
and the Inhabitance haear wayted on them about
one Yeare after the Time giuen them before they
mad ther Apearance Acording to Warrant : Refeiv-
ing no Anfwer nether was ther euer aney Anfwer
to this day or aney Apearance ; for them to fay our
Mafatufetts Mailers as will abondantly Apeare.
Now heare comes in the Ground of all our difer-
ance, that feuerall of the Inhabitance joyned with
the Purchafers, afirming that this ther ould Titell
as Good, and that they need not to take the Titell
from his Ryall Highnefs as the Law derects, and
that it was ther one before. On the managing of
this Difpute hath many Things fallen on as fum
of us judge derigatory to his Ryall Majefty's
Athority, and his Ryall Highnes Propriety and
Gourment, which will beter Apear by the Evidencs
in ... . fefone. Thes Things hath wrougt fuch Re-
fiftance in Agit'tion that we are now Gone juft to
Diftracktion. .in that of the Gouerment that is
amongft us.
Mr. Macy and his Relations though formerly
aferted his Ryall Highnes Propriety and Intreft
now joyne with that Party as we judge opofe it,
and fum Perfons now came out of the Bay of
thofe. . . .Purchefers as Sojouners for a Time by
Refon of the Indian War, fo they now haueing
the biger Party hear, mould all Things after ther
Pleuier, or at Left Endeuer it, but which is worfe

[io6]
than all this, Peter Cofen and James, Soyourners
for a Time, haueing ther Mouths full of thofe vile
Reports, thay windy of your Honors being report
ed to be the Indians Abeter in the War againft the
Engliffi, aleging it publeckly, as a Ground why
we might not folow your Honors Order according
to the Law, in helping the Indians as the Law
dericts ; and this thay preft with vyolence in words.
I gaue them this Anfwer after fum others, that I
did beleue that it would neuer apear that your
vnfpoted Honor had euer afifted the Indians, or
ben the Abeter of his Magefties or the Engliffi
Enemies. Peter Cofen anfwered, then hee was
bally belyed, in a reprochfull Maner as could
well be without pofitiue Afirming of it : — further
following this Difcorfe with vere high Words. Mr.
Macy being by, and heard all thes Things, but
could not find one Word in your Honors Vindi
cation or Stop to ther Vyolence, though aferted
himfelef to be a Chef Magiftrate. The Stream now
Running that way, Peter Cofen now chofen a
Magiftrat hear, though now in Comifion the Bay,
and Debity of ther Generall Court, as I am enform-
ed  Spirit being  with wicked 
againft your Honor as is to coman in ther Black
Mouths in that Country tog , . .with others highly
fpereted ftoutly to Afert ther ould Title in Oppofi-
tion to his Ryall Highnes Propriety, other ways
of.  Mr. Macy ftill alerting your Honors Com
iffion being unqueftionabely Good according to the

[ I07]
Time but now fince . . . the Aloted him is out, we
yet willing to fubmit to what  Purpofe and is
when in this Majefties Name, and for the prefent
 fufer till wee may find Releuefe, as your
Honors Wifdom ffiall direct. And now Right Hon
orabell the Mefuer we haue already met with by thefe
Men . . . .fumthing Apear by Peter Foulgers Petition,
and for my feluef I haue haluef a Barell of Rom
taken from me, and difpofed of after ther Plefuer,
for what Refon I profes I know not, but becaufe
it was myne. (This was done cheafly by Mr. Macy
and his Sone Worth.) I haue defiered the Confta-
bell to giue me a Copy of the Warrant by which
he took it from mee, but I cannot obtaine it, and
from Mr. Macy cane haue no Anfwer. But 
of Releuef in its fefon ; but for the Prefent haue
expected dayly the Prifon to be my Portion, I be
ing Highly Guilty of that great Sine of Aferting
his Ryall Highnefs Juftes .... and Propriety accord
ing to Law, as fum count it, but I hope not all.
Amongft the Indians, there has ben Great Dif-
turbence of late, by Refon of feueral Laws, mad
and Publifhed amongft them by our new Magif
trates, and it rofe fo highe, that one of the Indians
Sachems tould me, thay could not forbear but muft
fight, if thefe Laws wear proficuted one them, and
no paffifuing of them, but by affuring them of his
Majefty's Reall Care in Proteckting them from
wrong, together by begeting in them a high Efteme
of your Honour, that you haue always taken care

[io8]
that they ffiall haue equall  and that upon
the juft Complaints, find  out Releaef, to which
they fay, thay are fully Satesfied, and are allways
willing to ly downe by your Honors Plefuer, but
canot beleue that it is from your Honor, that
Bofton Men ffiould be ther Juges, — that to fpeak
ther one Words, fay and beleue to Matters heard
... by Boys, as they call young Men in this Cafe.
But hear are fom of them now gone to your Honor,
defiring me to wright in their Behaluef, by home
I fpofe your Honor wUl vnderftand at Large ther
bufnes that I am a Stranger to ; but Affuers them
of your Honors Redynes to hear and dow them
Right without an Advocat; and of them is one
Hardy, that fent your Honor a Girdell of Peague
the laft Year by Capt. Philipfon. He is a popelar
Man amongft the Indians here, and is as good a
Wite we judge as any is amongft them. I queftion
not but your Honors Wifdom will fo Carry it
towards them, as will abundantly Ratify our hitherto
continued Peace, and if your Honor ffiall be Pleafed
to fauor vs but with your Word to the Mafter of aney
VefeU to give them Pafage back, and land them
any where on the Vynyard which will be in ther
Way ; your Honor will aboundently Oblidge your
vnworthy Seruant heare. And now Right Honora
bell, my Humble Petition is, that your Wifdom wUl
Pardon my Bouldnes, and .... Difcorfe, not being
abell to giue a breafe Acounte in Truth of our

[ io9 ]
Mifery, being but a Touch of what will I queftion
not, hearafter more fully apear 
I fhall be vnder your Honors Senfuer, knowing
my one Integrity in what I hear Aferte, my Sole
refting in your Honor's Wifdom, in ordering Ma
ters fo, as will be for the futer Peace. One Word
more, I would humbly entreat Fauor in ; due
Refpect of Peter Folger, who now Remayne a
Prifoner, for no other Reafon except the ould Cafe
as Abues, but not Apering to ther fo, ther being
not aboue i an Hour from the Time of the Sumons
till the Conftable fechet him, I verely beleue, vpon
which his Indictment and Sentence was, a Copy
wherof Peter Folger wUl Prefent your Honor with ;
and now muft Remayn a Prifoner except your
Honors fauer Grant a Releace, til he may ftand
before your Honor which is his defier, wher I
verely beleue his Ofence will be found not Elce in
Reality, but Standing to mayntayne his Ryall
Highnefs Propriety and Gouernment, to which
he is willing to Abid your Honors Senfuer. Wee
hear, our Mafters hear Intend, to haue him Remoued
hence to the Generall Corte at the Vynuard, which
we look at, as from the frying Pane to the Fier.
Ther intrinfick magnetick Vertu, haueing fo great
a north Inclination.1 So Beging once more, Pardon
and Fauor from your Honor, if I might be but bleft
with but one Line of your Honors Pleafuer hearin,
1 Alluding to their preference for the Maffachufetts Authority.

[no]
for which I ffiall euer praye for your Honour's
Eveiiafting Hapines, in which I ffiall Rejoyce that
I may Subfcribe myfeluef, your Honors Obediente
Seruant, From Nantucket the 1 5 March, 76 : 77.

Sentence of Capt. John Gardner.
[New York Colonial MSS, xxvi, Sec. Office.]
Whereas this Court taking into confideration
how they might beft maintain his Majefties Au
thoritie in this Court, efpetially with relation to
the Heathen among whom it was vulgarly
Rumored that there was no Gouernment on
Nantuckett, and haueing good Caufe to fufpect, the
fame to proceed originally from fome Engliffi in-
ftigating them, or by their practife incouraging
them in the fame, to the great Danger of caufing
Infurrection :
This Court Refpecting the fame, faw Good to
fend for Capt. John Gardner, who had at the
Quarter Court, refufed to appear being fummoned,
and had refufed to afift the Conftable in the Exe
cution of his office, vppon his Command, to make
his Appearance to Anfwer the fame, in purfuance

[Ill]
whereof, the Court fending the Marffiall twice for
him with a Warrant refufed to come, the Marffiall.
afterwards fetching him by Force, when he came
to the Court, demeaned himfelf moft irreverently,
fitting down with his Hat on, taking no Notice of
the Court, behaveing himfelf fo both in Words and
Gefture, as declared great Contempt of Authoritie of
this Court, tending  Authoritie the
Incouragement of others, and efpetially the Heathen
who  before by fome eivUl Spiritt perfwaded
that there was no Authoritie, were hardly difwaded
from ufeing Violence ; the Compofeing whereof
was the principall Caufe of the Court prefent
Setting ; this Court haue therefore thought good
for upholding and maintaining the Peace and Tran-
quillitie of this Place, which is fo greatly indangered
by a fuch a Prefident1 of fuch Note, and at fuch a
Time, by fuch a Practice to difcountenance fuch
Practices, and deterring others from the Like, haue
Refolued and do therefore order : That Capt. John
Gardner ffiall pay a Fine of ten Pounds in Money,
or Something equivalent thereunto into the Treas-
urie and is disfranchifed alfo :
This is a true Coppie Taken out of the Record
of the Generall Court houlden at Nantuckett,
June the 5*, 1677: By me,
1 Precedent.

[112]
Appeal of Capt. John Gardner.
[New York Colonial MSS, xxvi, Sec. Office.]
Mr. Thomas Mayhew and Gentlemen all fuch
as are his Magiefties Lawfull and Rightfully Eftab-
liffied Officers with all due Honour falut you.
Whereas, I haue ben twice feched out of my
Houfe by Warr1 under the Name of a Generall
Corte, and highly charged with contempt of his
Magefties Athority, the which I am fo far from
offering the Leaft Countenanc vnto : that I defier
not Longer to Lieue then to be Ready to Sacrefice
my Liufe and Fortains for the maintaining of it,
but as to my Actuall Obedience to a Generall Corte,
I dow not vnderftand of aney ther can be heare at
this Time ; by Refon of the Perfons hear of our
Hand that tack vpon them the Gouernment at
this Time haueing not aney Lawfull Athority
Acording to his Excelences the Gouernors Inftruc-
tions, fo far as I can vnderftand fo to dow, and
that for thes Refons, firft, for Mr. Macy himfeluef
haueing at feuerall Times, and in open Town Met
ing, declared that his Comiftion would be out on
the 1 3 day of October Laft, and that he ffiould not
ftand on Day longer fince which Time I neuer yet
heard of aney Refewed Comiftiones he haue had.
2^ , Nathaniel Barnard as is Afirmed by maney had
not a Major vote and then not chofen : 3]y, I vn-

["3]
derftand not how Mr. Peter Cofen whilft in Com-
miftion at Bofton, as I have heard he was, could
be chofen heare, with feuerall other Refons I haue
to offer to his Honour the Gouernor on this Acount :
and for thes Refons I could not but be all together
pafife in my Obedience at this Time ; but ffiall not
opofe, but if his Excelency the Gouernor ffiall one
this to be by his Majefty's Corte, as it is now con-
ftituted, I dow then apeale vnto the Corte of Afize
at New Yorke from the Sentance declared againft
me, and ffiall folow the Order the Law injoins me
therin.
This is a true Copy of the Paper
deliuered Mr. Mayhew at the
Cort at Nantucket.

Decifion on the Cafe of John Gardner.
[Council Minutes, iii, p. 164, Sec. Office.]
At a Councell, Augft 3d, 1677.
Upon reading feverall Lettrs and Orders of Nan
tuckett fince there Gena11 Cort kept there 1 ft begin
ning of June, and feverall Perfons of fd Ifland called
upon and heard relating to the fame, and all taken
into Confideracon, Mr. Matthew Mayhew author
ized from fd Cort not being come, Refolved and
Ordered by the Governor m Councell,
15

[H4]
That Mr. Tho : Macy continue Chief Magif
trate.1 That all further Proceedings againft Capt. John
Gardner upon Comp11 of the Conftable for Con
tempt, &c, as alfo Mr. Triftram Coffin Senr and
Mr. John Swaine Senr, at their late Gena11 Cort at
Nantuckett from the 5th to the 16th day of June
laft paft, on pretence of a Deed burnt or deftroyed,
bee fufpended till further Order, to be taken afore
Winter, or as foone as may be ; during which Time
all Perfons to forbear Intermedling Speeches or Ac
tions, or any Aggravations whatfoever, at their
Perrills. The Matter of Complaint againft Peter Fulger,
Clarke of the Cort there, to bee likewife fufpended
till further Order.

Order about Capt John Gardner and Peter
Ffoulger.
[Warrants, Orders, Paffes, &c, iii, 267, Secretary's Office.]
By the Governour :
Whereas I did by Advice of my Councell the
third of Auguft laft, fufpend any further Proceed
ings againft Capt. John Gardner, complained of by
the Conftable, and Mr. Triftram Coffin Senr &c,
1 Triftram Coffin was commiffioned as Chief Magiftrate of Nantucket.
Sept. 16, 1677.

["5]
tUl further Orders, which the Yeare being fo farre
fpent is nott like to bee tUl next Sumer ; this is
further by Advice of my Councell to fignifie and
Order any or all Proceedings in laid Matters for his
Disfranchifement or Fine upon faid Accompt void
and null, as being illegall, beyound your Authority,
and only peculiar to, if in the Power of the higheft
Judicature in thefe Parts ; and if Peter Foulger's
Cafe, which is by you remitted to the Court of
Afizes, come not afore next Court, doe Order the
remitting ye Proceedings of both Cafes to the Go-
vernour and Councell, by the firft good Convenience
for further Order, binding the Partys over to anfwer
when call'd ; and if in the meane Time they or any
other ffiould mifbehave themfelves, may further
proceed againft them according to Law.
Given under my Hand and Seale in New Yorke
this 21th of September, 1677. E. Andross.
To the Magiftrates of the Particular and
Generall Court att Nantuckett.
Note. — Mr. Gardner, in a Memorial dated Mar.
16, 167s, gives the following Account of what
occurred upon his prefenting the above to Mr. May
hew : " Three Days after hee came to my Loging
in as great Paffion as I judge a Man could well be,
acufing me highly wherein I was wholly inofent,
and not proued though endeuered. Mr. Mayhew
tacking this Opertunity to vente him feluef as fol-

[n6]
loweth, telling mee I had bin at Yourke but ffiould
lofe my Labor ; that if the Gouernor did unwind
he would wind ; and that he would make my Fine
and Disfranchifement to abid on mee dow the
Gouernor what he would; that he had nothing
againft me, neither was angry, but that I had fpocken
againft his Intereft, and I ffiould downe, with maney
more Words of like Natuer, but to loung hear to
enfert ; and when I came Home to Nantucket, I
found the fame Mind and Refolution there alfo."
The Governour's Order was difregarded, under
the Pretence that it had been given without a
Knowledge of the Facts, and the Court proceeded
to fell Cattle to fatisfy the Fine. Notwithftanding
his Disfranchifement, Gardner was elected an Af-
fiftant in 1680, for which the Town was held to
Anfwer at the General Court, and feveral Letters
on both fides are preferved, in which the bittereft
Feeling is expreffed. He was commiffioned as
Chief Magiftrate of the Ifland Nov. 10, 1680,
April 27, 1682, and June 2, 1684.
Laws appointed hy the General Court at
Martin's Vineyard.
[New York Colonial MSS. xxix, Sec. Office.]
June 3d, 1680.
Ordered by this Court, that in refpect to the
great Difference in the Conftitution of thefe Places,

[»7]
each Town fhall haye^Power to order what Fences
ffiall be^_acgj)ujru^_Juffi^i^nt^n__thgir refpective
Townes ; which Orders ffiall be accounted good
IukI pleadable in relation to any Trefpafs.
For prevention of much Mifdemeanure which
fome take occafion to practice on the Lord's Day,
or firft Day of the Week, by Reafon of the Abfence
of moft People from their Habitations, and fuch
Temptations as vagrant Perfons are expofed to
thereby, this Court doe order that no Perfon pre-
fume on the Lord's Day, or firft Day of the Week,
to be abfent from their Houfes, or ufuall Places of
Abode, unlefs at fome publique Meeting, for the
Worffiippe of God, or upon neceffary and unevitable
Neceffitie, uppon Penalty of paying five Shillings
for every fuch Offence.
Ordered, That the Marffiall ffiall be allowed 2s 6d
per diem, for attending the Court, befides his Fees.
Ordered, That the Court ffiall be accommodated
and provided for during their fetting at the Charge
of the Country.
Ordered, That in all Cafes that the Decifion is
left to any Magiftrate or Affiftant the Party if ag
grieved may require a Jury, if he denieth the Fact.
This is a true Coppie, as atteft, Secret.

[n8]
Decifion of a Court of Admiralty held at
Nantucket.
[New York Colonial MSS, xxix, Sec. Office.]
At a Court of Admiralty1 held att the IJland of Nantuckett
ye twenty-eighth day of Augujl, by his Maties Athority,
in the thirty-Jecond Yeare of the Reiagne of our Sove-
reigne Lord King Charles the Second, and in the Yeare
of our Lord on thoufand Jix hundred and eighty.
Prefent, Captn Cejar Knapton,
Captn Richard Hall,
Mr John Wejl,
Capt John Gardner, Magiftrate.
Mr. Triftram Coffin, late Magiftrate, being called
to give an Accoumpt of what was faued out of the
Rack of a French Ship2, eaft away on this Ifland by
fome of Capt. Bernard Lamoyn's Men, about the
latter Part of the Yeare feventy-eight, declared he
had formerly giuen an Accoumpt, which being
produfed and read, it appeared that thare ware
faued out of the faid Rack two thoufand and fixteen
Hydes, which he confeffeth are difpofed of by his
Order, Alowance and Aprobation, and by Informa
tion giuen, we valleu at fouer Shillings per Hyde,
1 The Commiffion of Capt. Ca;far Knapton, Capt. Richard Hall, and
Mr. John Weft, with the Magiftrate of Nantucket, for holding this Court,
was iffued June 26, 1680. (Gen. Entries, xxii, 91, Sec. Office.)
2 This Ship was wrecked on Nantucket Shoals in September, 1678.
Upon hearing that Portions of the Cargo and Rigging were being carried
away, Gov. Andros iffued an Order, Oct. 2 5 of that Year, direfting the
Magiftrates to prevent Embezzlement and fecure as much of the Property
as poffible. (Gen. Entries, xxii, 8, Sec. Office.)

["9l
which amounts toe fouer hundred and three Pounds
fouer Shillings ; and alfo one Cable and a Pece,
likewife fold by the faid Triftram Coffin at forty
fouer Pounds ; and one Sayle at fix Pounds ten
Shillings; and two Pecis of Hafers at eleuen Pounds,
and an Ancker at thirteen Pounds ; which in all
amounts toe fouer hundred feventy-feuen Pounds
fourteen Shillings, for which no Claime hath bin
made according to Law.
This Court tharefore, taking into Confideration
the Allowance of Salvage of faid Goods, and vnder-
ftanding the Difeculty and Hardffiip the Sauers
endured, doe alow on fifth Part thareof for Salvage,
according to Lawr which amounts toe ninety-five
Pounds ten Shillings And for what was difburfed
by the faid Triftram Coffin on Accoumpt of fome
Duch Priffoners left one the Ifland, and what was
paid by him to William Worth,1 for his Wound,
forty Pound one Shilling. In all, on hundred thirty-
five Pounds eleauen Shillings ; which being de
ducted out of the faid Sum of fower hundred feventy
feauen Pounds fourteen Shillings. They doe ad
judge and determine that the faid Coffin doe make
Payment and Satisfaction toe the Gouernor or his
Order, on Accoumpt of his Royall Highnefs to
whom by Law it doth appertaine the Remainder of
of the faid Sum, being three hundred forty-three
Pounds ten Shillings. And as for what Guns or
Rigeing or other Things that are vndifpofed of, toe
1 William Worth, in a Letter dated June 1680, denied that he had
received any Part of his Award. (N. Y. Col. MSS., xxix.)

[ I2°]
be apprifed and Salvage to be alowed as aboue, and
to be fent to New York for his Royall Highnefe
vfe, the Salvage toe be lickwife paid by the faid
Coffin, to be deduckted out of the three hundred
fourty-three Pounds ten Shillings. They Court
lickewife declare thare Opinion that the faid Coffin's
Actings Proceedings in difpofing of the faid Goods,
are contrary to Law.
By Order of the Court, &c.

Tristram Coffin to Sir Edmond Andros.
[New York Colonial MSS, xxix, Sec. Office.]
To the Right Honrabell Ser Edmund Andros, Knight, Signeur
of Sajmaryoe1, Lieut. Generall vnder his Royall Hynes
James Duke of York and Albany, and Gouernor Generall of
all his Royall Hynes Territorys in America. Theje Prejent.
[External Seal Jtamped with a Pine Tree Shilling.]
Nantuckett, 30th of Auguft, 1680.
Right Honerabell Sir :
My humbell Service prefented vnto your Excel-
lencye humblie ffiewing my hartie Sorow yl I ffiould
1 The Seigniory or Lordfhip of Saufmares ,on the Ifland of Guernfey,
is of Norman Origin and great Antiquity, and had become veiled in the
Andros Family by Intermarriage with that of Saufmares. Sir Edmund
Andros was a Native of Guernfey, where he filled the Office of Bailiff a
fhort Time before his Departure for New York, in Auguft 1674. Per
fons of this Name were refiding in this Ifland and Alderney as late as
1798 ; and General Brock, who fell at Queenfton, U. C, in 1812, was
a Defcendant of this Family. (Moore's Governors of New Plymouth and
Maffachufetts Bay, 422.)

[121]
in any way giue your Exelency juft occafion of
Offence, as I now plainly fee, in actinge contrary
to the Law, as I am conuinced I did, throw Igno
rance in regard of not beinge acquainted with the
maretim Lawes, and yet I humblie intreat your
Exelency to confider y' in on Refpect my weeacknefs
I hope may bee a littell born with : for I did tender
diuerfe Perfones the on halfe to faue the other halfe,
and I could not get any to doe it ; and for the Hides
I could not get any to goe but for to tacke all for their
Labor, becaufe it was judged by many yl the weare
not worth the fauing ; fo I was nefefetated to doe
as I did or elfe the had bin quite loft. Tharefore
I humblye intreat your Excelency not to think yl
I did it for any bye Refpects or felfe Ends ; for I
doe affure your Excelency yl theare was not any on
Perfon yc did indent with me for any on Shillinge
Proffit, only I did tell foure of them y* if I ffiould
bee by any cal'd to accot, the fhould bee accounta-
bell to me. But now the will not owne it and I
can not proue it, fo I by Law am cauft to beare all,
only my hop is y1 your Excelency will bee pleafed
out of your Leniency and Fauor to me to except of
inc Money, and Bill is fent for the anfweringe of the
Judgment of the Court ; for had not my Sonn,
James Coffyn borrowed Money and ingaged for the
reft of my Bill, I could not have done it, but I
muft have gone to Prifon. Now I humblye intreat
your Excelency to heare my louinge Nighbor, Cap1
John Gardner, in my behalfe, and wth your Exe-
16

[ I22 J
lency ffiall bee pleafed to order Concerning the Cafe,
I ffiall thankfulye except, knowing your Excelency
to bee a compafhonate, mercyeful Man. And I hop
I ffiall for Time to com  to be more wifer
and doe kept your Excelency's humbell Saruant
whylft I liue to my Power.
A D if charge to Mr. Tristram Coffin from
the Judgment of the Court of Admiralty
Compounded.
[Warrants, Orders, Paffes, &c, xxii|, 9, Secretary's Office.]
By the Governor:
These are to Certifie that I doe approve and
allow of theCompofition and Agreem1 madebetween
Capt. Caefar Knapton, Capt. Richard HaU, Capt.
John Gardner, and Mr. John Weft, who were
authorized to make Enquiry abl the Wreck of a
French ffiip eaft away on the Ifland of Nantuckett
in one thoufand fix hundred feventy and eight, and
Mr, Triftram Coffin, then Chiefe Magiftrate of the
faid Ifland, concerning the fame, for the fume of
one hundred and fifty Pound, halfe of which is
payd ; and on paym* of the other halfe, fecured by
his Sonn's Obligacon, I doe accept the lame in full
Satisfaction and hereby acquitt and difcharge the

[ *23 ]
faid Truftram Coffin from the Judgm' giuen againft
him in the Court of Admiralty, on Account of faid
Wreck. Given under my Hand in New Yorke, the fixth
Day of November, 1680. E. A.

Charges againft Joseph Coleman.
[New York Colonial MSS. xxxi, Sec. Office.]
The Depofition of James Sciffe, aged forty feaven
Yeares, or there about, faith, that being in Company
with Jofeph Coulman, at feverall Times, heard the
faid Jofeph Coulman run out in many revilling and
reprochfull Speaches againft Athority, and in per-
tickullar that thare was no Juftice to be had uppon
Nantuckett; often faying that he could haue no
Juftize, with many other revilling and reprochfull
Languages. Taken upon Oath before the Court the 19th i2m.
Nathanell Starbuck, being Conftable, afirmes that
Jofeph Coulman faid heare was no Juftize to be had
uppon Nantuckett.
At a Court of Seffions the 25th of March, 1684,
Jofeph Coulman appearing at this Court according
to his Bond, and denyes the Matter of Fact which
he is charged with, according to Evidence.
The Court, judging them felves not fitt Judges

[ I24 ]
in this Cafe, doe  remitt it to New York,
and doe bind Jofeph Coulman in a Bond of ffifty
Pounds to anfwer it at the next Court of Affize, or
before the Governor and Counfell at New York.
A true Coppye of ye Court Roll.
Per me, Wm. Worth, Clerk.

Commiffion for Purfuing a Pirate.
[New York Colonial MSS, xxxiv, Sec. Office.]
Thomas Dongan, Lieut. Governor and Vice
Admiral vnder his Royall High^e :
Whereas I have received very credible Inform
ation that a certaine Ship or Veffell, belonging to a
Pyrate, Privateer, or Perfon failing contrary to the
Acts of Navigation, is lately arrived at or in fome
Places neare to Martin's Vineyard, thefe are there
fore in his Royall Highfs Name to authorize, em
power and commiffionate you, Major Anthony
Brockholls, forthwith to repaire on Board the Bri-
gantine Edmond and Martha, and immediately,
Wind and Weather permitting, to faile in order to
the Findeing out the faid Ship or Veffell, and the
faid Ship or Veffell to feize and bringe into the
Portt of the Citty of New Yorke, with all her Guns,
Ammunition, Furnature, Apparell, Tackle, and
Goods ; and in Cafe of Refiftance to vfe Force and
Armes in order to fubdue the faid Veffell ; and
further, to fearch all Places fufpected to have received

['25j
any of the Goods and Cargoe of the faid VeffeU, and
to fecure the fame according to Law.
Given under my Hand and Seale at Fortt James,
this 30th Day of March, 1685. Tho : Dongan.

Petition of Stephen Hussey.
[New York Colonial MSS, xxxiii, Sec. Office.]
New York ye 12 Day of Auguft, 1686.
To the Honr CoUonell Thomas Dongon Efqr,
Gouernor Generall of New York and all his
Maiefty's Teritorys thearunto belonginge, and
to his Honourable Councill.
The Petition of Stephen Huffey, ffieweth unto
your Honours how that your Petitioner conceuing
himfelf to receue fom wronge from Jofeph Gardi
ner of Nantuckit, in his takinge forcibly from your
Petitioner about ten or eleuen Gallons of Rum.
Your Petitioner, hopinge for Releaf, preferred a
Petition to the Honorb Court of Seffions, held at
Nantuckit, who entered a Record y£ your Petitioner
was bound in a Bond of fifty Pounds to make out
his Charge againft Jofeph Gardner, which your
Petitioner conceiueth contrary to Law ; in that the
King was a Party in the Cafe. And indeed your
Petitioner neuer figned any Bond, neither was he
euer aiked whether hee would apeer or no. Your
Petitioner hath demanded a Coppey of the Bond,

[126 J
but to no Purpofe, and feareth that hee or his heirs
may be liable to the paiment of it, although no
Bond euer a Record beinge fo facred a Writt, in the
Judgment of the Law, as faith Crumpton; whearupon
your poor Petitioner craues humbly the Reuerfion
of this Forfeiture, or at leaft if no Bond appears.
Alfo, your Petitioner conceiueth himfelf agrieued
by Juftice Willm Worth, Clark of the Court, in yt
faid Worth did deny your Petitioner Coppys of the
publique Records, to your Petitioner's no fmall
Damage ; and feueral Coppys your Petitioner could
not obtain under a legal Teft, and fom not under
any Teft ; for all which your Petitioner paied no
worfe Pay than dry Money. Your Petitioner con
ceiueth he hath Wrong done him by forcinge from
him more Money or a greater Excife upon Wine
and ftronge Liquor then his Majefty or Royall
Highnefs hath leuied upon the People of this his
Coloney, as may appear by a Edict under a good
Teft. Your Petitioner humbly prayeth yl if his
Drink fo illegally taken from him muft bee forfeit,
yl his Majefty may haue it, and yl it may not lay
leakinge in the Hands of Jofeph Gardner, as it hath
don for fom Years.
Your Petitioner craues this Honourable Court's
Aduice, whether the Neglect of ye makinge Returne
of Fines and Forfeitures, and Amerfment into the
Exchequer be not a Breach of Law in this his
Majefties Colony, after a Year's Time. If your
Petitioner, by meanes of his weak Capacity miftakes

[ 127 ]
not, the Clark through a Neglect of his Duty, in
not adding an Eftceate of the aboue fifty Pounds
gr to be forfit, hath forfited treble the Valeu, the
one half to the Kinge, the other to your Petition
er, the Informer, by the 22 and 23 of Car.
ye 2.
Your Petitioner humbly craueth your Honour's
and Honourable Councell's Aduice, whether it was
not Maintenance in Capt. John Gardiner for to
call a Court and fend your Petitioner a Warrant to
m  out his Charge of Maintenanc againft
Juftic Worth, fince your Petitioner cannot con-
ceiue how hee himfelf could be concerned in the
Cafe. Your Petitioner beinge then at a great Dif-
advantage in that Captain John Gardiner and Juftice
Coffin beinge the moft effentiall Euidences the
Kinge had in the Cafe, to make the Charge out,
your Petitioner was forced to make his Peace by a
Petition, otherwife had in all Prouabillaty been
undon. Your Petitioner prayeth, as alfo in the behalf of
fome others, yc if it mighte not be deemed Reflec
tion in  Petitioner, yl his Majeftys Juftices of
ye Peace in our Ifland may be fworn to the Oath
y1 concerns the Ofice of a Juftice of Peace, pub-
liquefy as in open Seffion, or at the leaft accordinge
to that which is valuable to an Oath, by the good
and wholfome Laws of this his Majefty's Coloney.
As alfo your Petitioner conceiueth that there was
a Riot made upon him, as by the Force and by the

[128]
Numbers may perhaps more appear at large, which
if it doth appear, Juftice Worth doth by the
Statute forfett to the Kinge one hundred Pounds,
in yf he made no Inquiry thereof within a Month,
he beinge one of the next Juftices of ye Peace.
As alfo in yl he detained the Coppy of ye Pannell
of a Jury from your Petitioner, your Petitioner
beggeth your Honour's Aduice, viz1 whether the
detaininge the Coppey of a Pannell of a Jury,
whereby a Judgment groweth upon a Plainteif or
Deffendant, be not equall with rafeing or embezal-
inge the like Writt, which is ffelony, by the 8 th
H. 6.
In what is aboue written your Petitioner humbly
concieueth his Majefty is concerned ; and your Peti
tioner haueing rudely recommended fom of his grie-
uances to your Honnours Confideration, ffiall aquies
in what you ffiall in your Wifdom fee good to doe
in the fame, and remains yours as in all Duty bound :
whilft, Stephen Hussey.

Dongan's Patent to Certain Inhabitants of
Nantucket.
[Patents, ii, 254, Sec. Office.]
Recorded for the Towne Sharborn.
Thomas Dongan, Capt. Generall, Governr in
Chiefe and Vice Admirall in and over the Province

[ I29 ]
of New Yorke and Territoryes depending thereon
in America, under his moft Sacred Majefty James
the Second, by the Grace of God King of England,
Scotland, ffrance, and Ireland, Defender of the
Faith, &c. : To all to whom thefe Prefents ffiall
come, fendeth Greeting. Whereas there is a cer
taine Ifland within this his Royall Highneffes
Territoryes, fcituate, lyeing and being to the fouth
eaft of Martin's Vineyard, ftretching in length neer
upon a foutheaft and northweft Line, comonly
called and knowne by the Name of Nantuckett
Ifland, which faid Ifland was heretofore purchafed
for a valuable Confideracon by Thomas Mayhew
fenior of Martin's Vineyard, and Thomas Mayhew
junior his Son, off James fforrett, Agent to William
Earle of Sterlinge, in whom the Government then
was, and by them conveyed and made over to
feverall of the Inhabitants, the ffreeholders and their
Affociates, who have likewife made Purchafe off the
Indian Right to the Land there now in their Tenure
and Occupacon, as by Patent1 dated the twenty-
1 The following is Governor Lovelace's Patent above referred to :
Francis Lovelace EJq. &c. Whereas, there is a certaine Ijland
within thefe his Royall Highnefs his Territoryes, lyeing and being
to ye Jbuth eaft of Martin's Vineyard, Jlretching in Length neare
upon a Jbuth eajl and north wejl Line, comonly called and known
by ye Name of Nantuckett Ijland, which faid Ifland was hereto
fore Purchafed for a valluable Confideracon, by Thomas Mayhew
of Martin's Vineyard fenr and his Son Thomas Mayhew junr, 0f
James fforrett, Agent to William Earle of Sterling, in whom
ye Governm* then was, and by them conveyed and made over to
feverall of ye prefent Inhabitants, ye ffreeholders and their AJfo-
J7

[ *3° ]
eighth Day of June in the three and twentyeth Yeare
of his late Majeftyes Reigne, and in the Yeare of our
Lord one thoufand fix hundred and feventy one,
from Francis Lovelace Efq., Governor &c, Relacon
being thereunto had, doth and may more fully and
at large appeare; which faid Ifland was confirmed
by Patent under my Hand and the Seale of the
Province, bearing Dait the fifth Day of June, in the
ciates, who have likewife made Purchafe of the Indyan Right to
ye Land there now in yeir Tenure and Occupacon. Now for a
Confirmacon unto ye faid Inhabitants, ffreeholdrs and Purchafrs
there and their Affociates in their PoffeJJion and Enjoyment of ye
Premiffes : Know yee that by Vertue of ye CommiJJion and
Authority unto mee given by his Royall Highneffe, upon whom
(as well by ye Refignation and AJfignment of ye Heyres of ye
faid William Earle of Sterling and alfo by lawfull Grant and
Patent from his Royall Matie Charles the Second) ye Propriety
and Govemmt of Long Ijland, Martin's Vineyard, Nantuckett,
and all ye IJlands adjacent, amongjt other Things is fettled, I
have given and granted, and by thefe Prefents doe hereby give,
grant, ratifye and confirme unto Triftram Coffin Senr and Thomas
Macy as Patentees for and on ye behalfe of themfelves and their
Affociates ye Inhabitants, ffreeholders, their Heyres, Succejfors and
Ajfignes, ye faid Ifland called Nantuckett Ifland ; that is to fay,
foe much thereof as hath by them made Purchafe of, together
wth all ye Lands, Soyles, Woods, Meadowes, Pajtures, Marfhes,
Lakes, Waters, ffifhing, Hauking, Hunting and ffouling ; and
all other Proffits, Commodityes, Emolumts and Hereditamts to
the faid Ijland belonging, or in any Wife appertaining. And the
faid Ifland and Premifes fhall be held, deemed, reputed, taken,
and bee, an entire enfranchifed TownJhipp, Mannor, and Place, of
itfelfe, and fhall alwayes, from Time to Time and at all Times,
hereafter, have, hold and enjoy like and equall Priviledges with
any Towne, enfranchized Place, or Manner, within this Governmt,
and fhall in noe manner of Wayes bee fubordinate or belonging

[i3'l
fix and thirtyeth Yeare of his faid late Majeftyes
Reigne, annoq Dom. one thoufand fix hundred
eighty four, to John Gardner and James Coffin, as
Patentees for and on the Behalfe of themfelves and
their Affociates the Inhabitants, ffreeholders, their
unto, have any Dependency upon, or in any wife bee under ye Rule,
Order or Direction of any other Towne or Place, but in all Matters
of Governmt fhall be ruled, ordered and directed according to ye
Injlruclions I have already given or hereafter fhall give for ye Good
and Welfare of ye Inhabitants by ye Advice of my Councell :
To have and to hold ye faid Ijland w'h all and Jingular ye Ap
purtenances and Premijfes unto ye faid Triftram Coffin and
Thomas Macy and their Affociates, their Heyres, Succejfors and
AJJignes, to ye proper Ufe and Behoofe of ye faid Trijtram
Coffin and Thomas Macy and their AJfociates, their Heyres, Suc
cejfors and AJJignes, forever. The Tenure of ye faid Ijland
Land and Premifes to be according to ye Cujlome of ye Mannor
of Eajt Greenwich in ye County of Kent in England, in free and
common Soccage, and by fFealty only, they ye faid Patentees
and their AJfociates, their Heyres, SucceJ]ors and AJignes, yielding
rendering and paying, yearly and every Yeare, unto his Royall
Highnefs ye Duke of Yorke, his Heyres and AJJignes, or to fuch
Governor or Governors as from Time to Time fhall bee by him
constituted and appointed as an Acknowledgment foure Barrells
of good merchantable Cod fifh to be delivered at ye Bridge in this
City. Given under my Hand, and Sealed w& ye Seale of ye Pro
vince, at ffort James in New Yorke, on ye Ijland of
Manhattans, this 28th Day of June, in ye 23d Yeare of
ye Reigne of our Soveraigne Lord Charles y* Second, by
ye Grace of God King of England, Scotland, ffrance and
Ireland, Defender of ye fFaith, &c. : and in ye Yeare of
C Lord God 1671. Francis Lovelace.
A Patent fomewhat like this was at the fame Time granted to Tuck
anuckett Ifland.

L !32 ]
Heires, Succeffors and Affignes, that is to fay, fo
much as hath by them been purchafed ; together
with all the Lands, Soyles, Woods, Meadows,
Paftures,Marffies, Lakes, Waters, Fiffiing, Hawking,
Hunting and Fowling, and all other Profitts, Com-
modityes, Emoluments and Hereditaments, to the
faid Ifland belonging, or in any Wife appertaining,
(Royall Mines, Whaledrifts and Wrecks excepted,)
and the faid Ifland and Premifes was to be held,
deemed, reputed, taken, and be, an entire, enfran
chized Townffiip, Mannor and Place of itfelfe, and
allways, from Time to Time and all Times here
after, to have, hold and enjoy like and equall
Priviledges with any Towne, enfranchized Place,
or Mannor, within this Government, and no Manner
of Wayes to be fubordinate, belonging unto, have
any dependency upon, or in any Wayes be under the
Rule, Order, or Direction of any other Towne or
Place. To hold the faid Ifland with all and lingular
the Appurtenances unto the faid John Gardner and
James Coffin and their Affociates, their Heires, Suc
ceffors and Affignes forever, according to the Tenure
of Eaft Greenwich in the County of Kent, in his
Majeftyes Kingdome of England, yielding, rendering,
and paying, yearly and every Yeare, on or before
the five and twentieth Day of March, unto his then
Royall Highneffe, now his prefent Majefty as afore
faid, his Heires, or Succeffors, or to fuch Governor
or Governrs as from Time to Time ffiall be confti-
tuted and appointed as an Acknowledgement, fix

[ x33 ]
Kentalls of good merchantable Fiffi, to be delivered
in the City of New Yorke, unto fuch Officer or
Officers as fhall be conftituted to receive the fame,
as by the faid Patent, relacon being thereunto had,
may more fully and at large appeare. And whereas
there are feverall Tracts or Parcells of Land upon
the faid Ifland that have not as yett been purchafed
of the native Indian Proprietors, and whereas John
Gardner, one of the ffreeholders of faid Ifland, for
and on behalfe of himfelfe and his Affociates, the
ffreeholders Inhabitants of faid Ifland, hath made
Applicacon unto me for a more ample Confirmacon
of all and lingular the faid Ifland, and alfo that I
would erect the fame into one Townffiip to all
Intents and Purpofes, and likewife grant the Liberty
and Right of purchaling all the faid unpurchafed
Trails or Parcells of Land upon the faid Ifland
Nantuckett, from the faid Indian native Proprietors,
Now Know Yee, that I the faid Thomas Dongan,
by vertue of the Power and Authority unto me
derived from his moft facred Majefty aforefaid, and
in Purfuance of the fame, for and in Confideracon
of the Quitt Rent hereinafter referved, and divers
other good and lawful Confideracons me thereunto
moving, have given, granted, ratified, releafed and
confirmed, and by thefe Prefents do give, grant,
ratifye, releafe and confirme unto John Gardner,
James Coffin, William Gyer, Peter Coffin, Na
thaniel Bernard, Stephen Huffey and John Macy,
ffreeholders and Inhabitants of Nantuckett, herein

L '34- J
erected and made one Body Corporate and Politiq,
and willed and determined to be called by the
Name of the Truftees of the ffreeholders and
Comonalty of the Toune of Sharborn, and their
Succeffors all the aforerecited Tracts of Land within
the Limitts and Bounds aforefaid, together with all
and lingular the Houfes, Meffuages, Tenements,
Buildings, Milnes, Milne- Dams, Fences, Enclofures
Gardens, Orchards, Fields, Paftures, Woods, Under
woods, Trees, Timber, Feedings, Comon of Pafture,
Meadows, Marffies, Swamps, Plaines, Rivers, Rivo-
letts, Waters, Lakes, Ponds, Brookes, Streames,
Beaches, Quarries, Mines, Mineralls, Creeks, Har
bours, High wayes and Eafements, Fiffiing, Hawking,
Hunting and Fowling, (filver and Gold Mines only
excepted,) and all other ffranchizes, Profitts, Com-
odityes and Hereditaments whatfoever, to the faid
Tracts of Land and Premiffes belonging or in any
Wife appurtaining or theirwithall ufed, accepted,
reputed or taken to belong, or in any Wife to ap-
purtaine to all Intents, Purpofes and Conftruccons,
whatfoever, as alfo all and lingular the Rents, Ar
rearages of Rents, Iffues and Profitts of the faid
Tract of Land and Premifes heretofore due and
payable, together with the fole and only Propper
Right and Liberty of Purchaling from the Indian
Proprietors all that the unpurchafed Tracts or
Parcells of Land whatfoever on the faid Ifland as
aforefaid : To have and to hold all the beforerecited
Tract of Land and Premifes, with their and every of

[i35]
their Appurtenances, unto the faid John Gardner,
James Coffin, William Gyer, Peter Coffin, Nathaniel
Barnard, Stephen Huffey and John Macy, Truftees
of the ffreeholders and Comonality of the Toune of
Sharborn, and their Succeffors forever, to and for
the feverall and refpective Ufes following, and to no
other Ufes, Intents and Purpofes whatfoever ; that
is to fay, as for and concerning all and lingular the
feverall and refpective Parcells of Land and Meadow,
Part of the granted Premifes in any Wife taken up
and appropriated, either by Patent under the Hand
of any of his Majeftyes Governrs in this Province,
and fealed with the Seale thereof, or by particular
Divifions and Allotments before the Day of the
Daite hereof, unto the feverall and refpective prefent
ffreeholders and Inhabitants of the faid Towne, by
vertue of the beforerecited Patent, to the Ufe and
Behoofe of the ffreeholders and Inhabitants of the
faid Towne by vertue of the beforerecited Patent,
to the Ufe and Behoofe of the ffreeholders and
Inhabitants reflectively, and to their feverall and
refpective Heires and Affignes forever, and as for
and concerning all and every fuch Tracts, Parcells
of Land, Remainder of the graunted Premiffes not
purchafed, taken up and appropriated to any par
ticular Perfon or Perfons by vertue of the aforerecited
Deed or Patent, to the Ufe and Behoofe of the
prefent ffreeholders and Inhabitants, their Heires,
Succeffors and Affignes forever, in Proporcon to
their feverall and refpective Settlements, Divifions

[i36]
and Allotments, as Tennants in Common, without
any Manner of Lett, Hindrance or Moleftacon, to
be had or referved, upon Pretence of joynt Tennancy
or Survivorffiip, any Thing contained herein to the
Contrary thereof in any Wife notwithftanding. To
bee holden of his moft facred Majefty, his Heires
and Succeffors, in ffree and comon Soccage, accord
ing to the Mannor of Eaft Greenwich, in the
County of Kent, within his Majefteys Realme of
England ; yielding, rendering and paying therefor,
yearly and every Yeare, from henceforth forever,
unto our Sovereign Lord the King, his Heires or
Succeffors, or to fuch Officer or Officers as fhall be
appointed to receive the fame, the fume of one Lamb
or two ShiU. Currtl Money of this Province, upon
the five and twentieth Day of March, at New Yorke,
in full of all Rents and former referved Rents,
Services, Acknowledgements and Demands what
foever. And ffurther, by vertue of the Power and
Authority aforefaid, and for the Reafons above
recited, I have willed, determined, declared and
granted, and by thefe Prefents do will, determine,
declare and grant, that the faid Inhabitants, ffree
holders and ffreemen of Sharborn aforefaid, comonly
called by the Name of the ffreeholders and Inha
bitants of Sharborn, or by whatever Name or
Names they are called or named, and their Heires
and Succeffors forever henceforward are and fhall
be one Body Corporate and Politiq, in Deed and
Name, by the Name of the Truftees of the ffree-

[ i37 1
holders and Comonalty of the Towne of Sharborn,
and them by the Name of the Truftees of the ffree
holders and Comonality of the Towne of Sharborn,
one Body corporate and politiq, in Deed and Name,
I have really and fully, for his faid Majefty, his
Heires and Succeffors, erected, made, ordained,
conftituted and declaired by thefe Prefents, and that
by the fame Name they have Succeffion forever.
And that they and their Succeffors by the Name of
the Truftees of the ffreeholders and Comonalty of
the Towne of Sharborn be and ffiall be forever in
future Times, Perfons able and capable in Law to
have, perceive, receive, and poffeffe, not only all
and lingular the Premifes, but other Meffuages,
Lands, Tenements, Hereditaments, and all and every
other Thing and Things, Act and Acts, to do and
execute by the Name aforefaid, and that by the
fame Name of the Truftees of the ffreeholders and
Comonality of the Toune of Sharborn to plead and
be impleaded, anfwer and be anfwered unto, defend
and be defended, they are and may be capable, in
whatfoever Place and Places, and before whatfoever
Judges and Juftices, or other Perfons, Officialls of
his fd Majefty, his Heires and Succeffors, in all and
all Manner of Accons, Pits, Suits, Complts, Caufes,
Matters and Demands, whatfoever, of what Kind,
Quality and Species the fame bee and ffiall bee, in
Manner and Forme as any other of his Majeftyes
Liedge People within this Province can or are able to
have, require, receive, poffeffe, enjoy, retaine, give,
18

[i38]
grant, releafe, aliene, affigne and difpofe, plead and be
impleaded, anfwer and be anfwered unto, defend or
be defended, do, permit or execute ; and for the better
enabling the Truftees of the ffreeholders and Com
onality of the Toune of Sharborne aforefaid, in doing
and executing all and lingular the Premifes, I have
wflled, granted and determined, and by thefe Pre
fents do will, grant and determine, that from hence
forward and forever hereafter, the faid Truftees of
the ffreeholders and Comonality of the Towne of
Shareborn do and may have and ufe a comon Seale,
which ffiall ferve to execute the Caufes and Affaires
whatfoever of them and their Succeffors; and further
I will, and by thefe Prefents on behalfe of his faid
Majefty his Heires and Succeffors, that henceforward
forevermore there be and ffiall be Truftees of the
ffreeholders and Comonality of the Town of Shar
born aforefaid, to be chofen and elected as in thefe
Prefents hereafter is menconed, who ffiall be called
the Truftees of the ffreeholders and Comonality of
the Toune of Sharborn, and they and their Succef
fors ffiall and may at all convenient Times hereafter
upon a Publiq Sumons from any three of the
Truftees for the Time being affemble and meet
together in the Towne Houfe of the faid Towne,
or in fuch other Publiq Place as ffiall be from Time
to Time appointed, to make fuch Acts and Orders
in Writeing, for the more orderly Doing of the
Premifes, as they the faid Truftees of the ffreeholders
and Comonality of the Toune of Sharborn aforefaid

[ :39 ]
and their Succeffors from Time to Time ffiall and
may think convenient, fo allways as the fd Acts and
Orders be in no Wayes repugnant to the Laws of
England and of this Province, which now are or
hereafter may be eftabliffied, and that they be not
in any Wife againft the true Intent and Meaning
of thefe Prefents. And alfo I will, ordaine and
determine that all and lingular the aforefaid Acts
and Orders, from Time to Time, ffiall be made and
ordered by the Vote of the major Part of the faid
Truftees of the ffreeholders and Comonality of the
Toune of Sharborn aforefaid, or at leaft by the major
Part of fuch of them as ffiall from Time to Time
affemble and meet together in Manner as aforefaid,
fo allwayes as there be not fewer in Number than
five of the faid Truftees prefent at fuch Meetings fo
to be holden as aforefaid ; and for the better Execu
tion of this Grant in this Behalfe, I have affigned,
nominated, created, conftituted and made, and by
thefe Prefents do affigne, nominate, create, conftitute
and make John Gardner, James Coffin, William
Gyer, Peter Coffin, Nathaniel Bernard, Stephen
Huffey and John Macy, to ftand and be the firft
moderne Truftees of the ffreeholders and Comon
ality of the Toune of Sharborn, to continue in the
aforefaid Office from and after the Dait of thefe
Prefents untill the Time that others be elected and
chofen in their ftead, according to the Manner and
Forme hereinafter expreffed. And moreover I do by
thefe Prefents for and in behalfe of his fd Majefty, his

L J4o ]
Heires and Succeffors, appoint that the Truftees of
the ffreeholders and Comonality and Clerke of the
Toune of Sharborne aforefaid be yearly chofen on
the firft Tuefday of June, yearly, forever, viz1 feven
Truftees of the ffreeholders of the Comonality of the
Toune of Sharborne, one Clerke, one Conftable,
and two Affeffors, in fuch publiq Place as the
Truftees for the Time being ffiall appoint and direct,
and that the Truftees, Clerk, Conftable and Af
feffors be chofen by the Majority of Voices of the
ffreeholders and ffreemen of the Toune of Sharborn
aforefaid. And whereas there is an Act of the
General Affembly of this Province entituled an Act
for defraying the publiq and neceffary Charges of
each refpective Citty, Towne and County through
out this Province, &C.,1 wherein amongft other
Things it was enacted and provided that annually
and once every Yeare, there ffiould be elected a
certaine Number out of each refpective Citty, Towne
and County, throughout this Province, to be elected
and chofen by the major Part of all the ffreeholders
and ffreemen, which certaine Number fo duely
elected, ffiall have full Power and Authority to make
an Affeffment or certaine Rate within their refpeclive
Citties, Townes and Counties, annually and once
every Yeare, which Affeffment or certaine Rate fo
eftablifhed as aforefaid, ffiould be paid unto a cer
taine Treafurer, who ffiould be chofen by the major
Part of all the ffreeholders and ffreemen of each
refpective Cittie, Towne and County, as aforefaid,
i Passed Nov. I, 1683, MSS, Laws ii, 9, Sec. office.

[HO
and whereas the faid Toune of Sharborn is to be
regulated in the Premiffes according to the Tenure
and Effect of the aforemenconed Act of Affembly :
Now know yee likewife, that I have given, granted,
and by thefe Prefents do give and grant, for and on
Behalfe of his faid Majefty,his Heires and Succeffors,
unto the faid Truftees of the ffreeholders and Com
monality of the Towne of Sharborn aforefaid and
their Succeffors forever ; that the faid Truftees for
the Time being forever ffiall be the Comiconers of
the faid Towne, to execute and officiate in the faid
Office, to all Intents, Conftruccons and Purpofes
whatfoever. And further that the faid Truftees as
Comiconers of the faid Towne, ffiall have Power
from Time to Time and at all Times hereafter,
and by fuch Wayes and Meanes to Levy and Impofe
fuch Sume and Sumes of Money as they ffiall think
fitt for the Defraying the neceffary and publiq
Charge of the faid Towne, and that for the more
orderly Doing thereof, they ffiall and may from
Time to Time give fuch Directions unto the Af-
feffors yearly to be chofen for the faid Towne, how
and after what Manner to proceed in their Affeff-
ments of fuch Sumes of Money as aforefaid on the
Eftates of each of the refpective Inhabitants and
ffreeholders of the faid Towne ; and the faid Sumes
of Money when fo raifed and payed into the
Hands of the Treafurer of the faid Towne as
aforefaid, to order the Payment, Difburfement
and Difpofall off to fuch Perfons and to and for the

[ H2]
Ufes aforefaid, in fuch Manner as to them ffiall
feem convenient. And laftly, that all and lingular
the Acts and Orders of the faid Treafurer in the
Premifes, ffiall be certified under the faid Comon
Seale, figned by the Prefident of the faid Truftees,
(for the Time being,) (who is allwayes to be the
firft chofen of the faid Truftees,) or in his Abfence
by any other two of the faid Truftees, of which the
Treafurer and the Affeffors of the faid Towne for
the Time being, and all other Perfons are to take
due Notice. To have, hold and enjoy unto the fd
Truftees of the ffreeholders and Comonalty of the
Towne of Sharborn and their Succeffors forever;
yielding and paying therefor unto his faid Majefty,
his Heires and Succeffors, on the fd five and twen
tieth Day of March yearly forever, the full and juft
Sume of three Pounds currant Money of this Pro
vince, at New Yorke. Wherefore, by virtue of the
Power and Authority aforefd I do will and command
for and on Behalfe of his faid Majefty, his Heires
and Succeffors, that the aforefaid Truftees of the
ffreeholders and Comonalty of the Toune of Shar
born and their Succeffors, have, hold, ufe and enjoy,
and that they ffiall and may forever have, hold, ufe
and enjoy all the Liberties, Authorities, Cuftomes,
Orders, Ordinances, ffranchizes, Acquittances, Lands,
Tenements and Hereditaments, Goods and Chattells
aforefaid, according to the Tenure and Effect of thefe
Prefents, without the Lett or Hindrance of any
Perfon or Perfons whatfoever.

[H3]
In Teftimony whereof I have caufed thefe Pre
fents to be recorded in the Secretary's Office,
and the Seale of the Province to be hereunto
affixed this twenty-feventh Day of June, Anno
Dom. 1687, and in the third Yeare of his
Ma'tyes Reigne. Thomas Dongan.
By Command of his Exc'ye,
J. J. SWINTON.
May it pleafe yor Excye :
The Attorney Gen11 hath perufed this Patent, and
finds nothing contained therein prjudiciall to his
Majeftyes Intereft.
Exam'd the 27th June, 1687. W. NlCOLLS.
Att a Councill held at Ffort James in New
Yorke, the 27th June, 1687.
Prefent : His Excye the Governo1-
Major Brockholls, Major Fflipfen,
Major Courtlandt, Coll. Bayard,
Capt. Palmer.
This Patent was approved off.
J. J. Swinton, Clk Council.

[ H4 ]

Order for Delivery of Pirates.
[Council Minutes, vi, Reverfe Side, p. iii, Sec. Office.]
Governour and CouncUl.
Fourtt James, ffryday ye 19 th of
Auguft, 1687.
Whereas Information has been given to this
Board, that certaine Pirates haue bin lately appre
hended in the Dukes County, and by Magiftrates
of the faid County were committed, and are now
detained Prifoners there, it is thereupon thought
fitt, and this Day accordingly Ordered, by his
Excell'y the Gouvernor by and with the Advice
and Confent of the Councill, that all and finguler
the Juftices, Sheriffs, Conftables and others, Officers
of the faid County, in whofe Cuftody the faid Per
fons taken are detained Prifonrs doe forthwith vpon
fight of thefe Prefents deliuer the faid Perfons, and
every of them, together with what Sloopes or other
Veffels, Plate, Silver, Gold, Bullion, Goods and
Merchandizes foe ver, wcJl are in the Cuftody of or
do belong to the faid Perfons or any of them, into
the fafe Cuftody of Enfigne Thomas Sharpe, and be
aiding and affisting him in the fecureing and in the
Cafe of Efcape of any of the faid Perfons, per-
fueing and apprehending them, untill he ffiall haue
fafely conveyed them out of the faid County. And
it is further Ordered, that the faid Enfigne Thomas

[H5]
Sharpe doe, after the Receipt of fuch Perfon or
Perfons, Veffells, Silver, Gould, Plate, Goods and
Marchandizes aforefaid, with all convenient Speed
fafely bring them to the Citty of New Yorke, and
there deliuer them into the Cuftody of the Sheriffe
of the Citty and County of New Yorke.
By Command of his ExcelFy:
John Knight, D. Sec'y.

Council Minutes.
[Council Minutes, vi, 114, Sec. Office.]
? At a Councill held at ffortWilliam Henry,
the 1 2th of Auguft, 1692.
* * * Upon reading a Letter from Majr
Mayhew of Martin's Vineyard to Wm Nicolls Efq.,
fignifying that the Inhabitants of the Iflands in
Dukes County are difturbed by fome Warr1 or
Order directed to a Conftable, or fome oyr Perfon,
from Bofton in New England, as if thefe Iflands
were under that Government, to their great Diforder
and Confuflon,
Their Maties Pleafure being noe ways fignifyed
to thofe in authority, how concerning the Surrender
of any Part of this Province or Dependencys unto
any Perfon whatfoever.
Ordered, that the Officers, civil and military, of
the faid County, be required, and they are hereby
required, to continue in their Obedience to their
J9

[H6]
Maties Authority, fettled over this their Province,
purfuant to their feverall refpective Commiffions,
untill further Order.
[Council Minutes, vi, 165, Sec. Office.]
D At a Council at Fort William Henry the
13th of ffeb., 1692.
* * * His Excelly did recommend to the
Council to meet this Afternoon to confult of a Letter
from Sr William Phips, dated the 2d of January,
come to Hand yeftarday, with a printed Copy of the
New England Charter,1 and to give him their
1 The following is the Language of the Charter of William and Mary,
under which Nantucket and Martha's Vineyard were claimed by the
Government of Maffachufetts Bay :
" * * * all that Part of New England in America, lying and
extending from the Great River commonly called Monomack, alias
Merimack, on the north Part, and from three Miles northward of the
faid River to the Atlantick or Weflern Sea or Ocean, on the South Part,
and all the Lands and Hereditaments whatfoever, lying within the Limits
aforefaid, and extending as far as the outermoft Points or Promontories
of Land called Cape Cod and Cape Malabar, North and South, and in
Latitude, Breadth and Compafs aforefaid, throughout the Main Land
there, from the faid Atlantic or Weflern Sea and Ocean, on the Eaft
Part, towards the South Sea, or Weflward, and as far as our Colonies of
Rhode Ifland and Connecticut, and the Narragapfett Country. And alfo,
all that Part and Portion of Main Land, beginning at the Entrance of
Pifcataway Harbour, and fo to Pafs up the fame into the River of Ne-
wichwannock, and through the fame into the furthered Head thereof, and
from thence Northweflward, till one hundred and twenty Miles be finifhed,
and from Pifcataway Harbour's Mouth aforefaid, North Eaflward along
the Sea Coafl to Sagadahock, and from the Period of one hundred and
twenty Miles aforefaid, to crofs over Land to the one hundred and twenty
Miles before reckoned up into the Land from Pifcataway Harbour through
Newichwannock River, and alfo the North Half of the Ifles of Shoals,
together with the Ifles of Capawock and Nantuckett, near Cape Cod
aforefaid," &c. — -(Almon's Charters of Brit. Col. of America, p. 10.)

[H7]
Opinion under their Hands concerning Martha's
Vineyard. % At a Council held at ffort William Henry,
the 14th of fFeb., 1692.
Ordered, the Opinion and Advice of the Council
concerning Sr Willm Phips Lre and Martin's Vine
yard be entered in the Council Book.
Ordered, the Addreffe of the Council to their
Maues fetting forth the Circumftances of this Go
vernment, be entered in the Council Book.
Opinion and Advice of the Council concerning
Martin's Vineyard.
[Council Minutes, vi, p. 168, Sec. Office.]
The Opinion and Advice of the Council concern
ing Martin's Vineyard to his Excelly upon his
Reference and their Perufall of Sr William
Phips Lre and the printed Copy of the New
England Charter.
New York the 13 th of February, 1692.
His Excellency Ben. Fletcher, &c, this Day
having recommended to our Confideracon a Letter
from Sr William Phips dated the 2d of January laft,
come to Hand yefterday with a printed Copy of
their Maues Lres Patent for erecting and incorporating
the Province of the Maffachufetts Bay, in New
England, not attefted concerning Martin's Vineyard,
and defired our Advice.

[i48]
Upon Perufall of the fd printed Copy, having
duely confidered the fame, and the Piatt of New
England before us, we doe finde that the North
Halfe of the Ifles of Shoals oppofite to the Mouth
of Pifcataqua River, and the Ifles of Capoag and
Nantuckett to the Weflward of Cape Cod, are
nominally included in the faid Grant, and in more
general Words all Iflands and Ifletts lyeing within
tenn Leagues directly oppofite to the Maine Land,
within the Bounds of the fd Lres Patents which we
are informed are many hundreds.
And we are humbly of Opinion that forafmuch
as their Maties have afcertained the North Halfe of
the Ifles of Shoals to the Maffathufetts Bay, leaving
the South Half to the Province of New Hampffiire,
thofe Iflands lying dubioufly oppofite to the Province
of Main and Hampffiire, and the Iflands of Capoag
and Nantuckett to the Maffathufetts Bay, both
which are to the weftward of Cape Cod, which is
the fouthernmoft Bounds of their Patent, they can
have noe Pretences by the fd Lres Patents to Mar
tin's Vineyard or any other Ifland to the Weftward
of Nantuckett, which we humbly fubmitt and defire
yor Excellency will be pleafed to recommend the
fame to their Maties by their Secry of State for their
Decifion in that Affair. Ffrederyck Philipse,
N. Bayard, S. V. Courtlandt,
John Lawrence, Chid. Brooke,
Gab. Monvill, W. Nicolls.

[ H9]
Council Minutes.
[Council Minutes, vi, 141, Sec. Office.]
2 At a Council held at ffort William Henry
the 31th of October, 1692.
Prejent : His Excellency Benj. Fletcher

Ffred. Philips,
Steph. Courtlandt,
Nich Bayard,
Willm Smith,

Chidley Broke, / E(-
pr John Lawrence, J ¦"" '

Upon the Reading of Letters from Mr. Mayhew,
Juftice of the Peace in Martin's Vineyard in Dukes
County, wherein he doth advife his Excellency of
the Defection of Gardner and Coffin, two of the
Juftices of the Peace in the Ifland of Nantuckett,
in the fd Countv from this Government, to that of
the Maffathufetts Bay undr Sr William Phipps, and
that they of Martin's Vineyard are threatened with
Force if they doe not fubmitt to the Authority and
Governm1 of Sr Willm Phipps, praying Advice, &c.
Whereas there is noe Advice from their Sacred
Majeftyes to the Governor and Councill of this
Province that they had annexed any Part of this
Province to the Maffathufetts Bay, nor hath Sir
William Phipps produced any Order or Direccon
thereunto, nor made his Excelly the Governor and
Council acquainted with any of his Proceedings in
this Affair.
It is the Opinion of this Board, nemine contradi-
cente, that a Letter be fent to Sr Willm Phipps, to

L*5o]
demand by what Authority he doth claim the
Government of Dukes County in this Government,
to the great difturbance of the Inhabitants. And
that a Letter be fent to Mr. Mayhew, Juftice of
the Peace, wherein it be fignified that his Excelly
the Governor hath wrote to Sr Willm Phipps to
demand by what Warr{ and Authority he doth
claime the Government of Dukes County, and to
require the faid Mr. Mayhew, with the reft of the
Magiftrates there, to maintain and preferve their
Maties Peace in the Exercife of the Government,
purfuant to their refpective Commiffions, untU
further Order.
Ordered David Jamifon, Clk of the Councill, doe
prepare the fd Letters accordingly.
Addrefs to the King.
[Council Minutes vi. 169, Sec. Office.]
The humble Addreffe of your Majeftyes Council
for your Maties Province of New Yorke and
Territoryes depending thereon in America.
Moft Dread Soveraignes :
Wee your Majefties moft dutyfull and loyall Sub
jects are called againe by our bounden Duty to lay
at your Royall Feet our moft humble and hearty
Thanks for that inexpreffible Favour that your
Maties have been gracioufly pleafed (in the midft of
your moft glorious Defign for the Redemption of

[i5H
our Nation and yor Ma^ AUyes in Europe from
the Tyranny of Ffrance) to regard the meaneft of
your Maty's Subjects in this Place by your Royall
Commiffion to his Excelly Col. Benjamin Fletcher,
yor Maties Captain Generall, our. Governor, who
fince his Arrivall in this your Maties Province has,
by his prudent Conduct, advanced yor Maties
Intereft, vifited the ffrontiers and put them into
fuch a Pofture of Security that not only yor Maties
Subjects in this, but in our neighbouring Colonyes
are hitherto fafe from all Attempts of the Ffrench
yor Maties Enemyes, and by other prudent Meafures
taken by him he had compofed Differences and
reduced all the Subjects into perfect Tranquility, the
Poffeffion whereof was not long enjoyed, when fome
reftlefs Spirits, not being fatisfyed with that Harmony
that was amongft yor Maties Subjefts here, inter
rupted our Peace by leffening and reproaching your
Maties Government, and ftirring up Sedition amongft
fome of yor Majefties Subjects, too eafily led afide.
Yor Maties Government by this was likely to fall
into new Convulfions, had not the Watchfullneffe
of his Excellency and his piercing Judgment foon
difcovered the Author,1 a Perfon convicted of
1 Alluding to Abraham Gouverneur. The following Record occurs in
Council Minutes, vi, 155, Sec. Office.
" % At a Council held at ffort William Henry the 5th of January,
1692- Prefent : His Excell. Ben. Fletcher, Ffred. Philips, Steph. Court-
landt, Nich. Bayard, Gab. Monviel, Chid. Brooke, William Nicolls,
John Lawrence, Efqs.
" His Excellency having produced a Letter from Abraham Governeur,

[152]
Murder, and only by yor Maties Clemency fett at
Large, who had fled to Bofton, and was there
countenanced by Sir William Phips ; and tho' his
ExceUency hath fent Expreffe for the demand of
the Incendiary, yet he peremptorily denied to deliver
him, and rather gave him Encouragement, and
doth not defift perfuading other Parties equally de-
ftructive to your Maties Intereft, as by feizing of
Martin's Vineyard, a Member of this Government
ever fince its firft Settlement, under yor Maties
Crown, tho' it be neither by Name in the Maffa
thufetts Charter, nor by yor Maties Command to
yor Maties Governor here ordered to be delivered.
one of the Prifoners under Sentance of Condemnacon for Murder, whom
he had difcharged, dated from Bofton, directed to his Parents, came to
Hand by Accident, containing feverall Reflections upon the Government
and Words tending to Sedition, which did pafs in a Conference between
Sir William Phips and fd Governeur, which Letter had inflamed the late
Followers of Leifler, and occafioned fondry private Meetings and infolent
Expreffions againft the prefent Government.
" The fame was read and interpreted into Englifh.
" His Excell. defired the Advice of this Board what may be proper to
extinguifh the prefent Flame and Diflurbance occafioned thereby, and to
prevent the like for the Future.
" The Council are of Opinion and doe advife his Excelly to write to
Sir William Phips, and enclofe a Copy thereof, and of the Tranflation,
to acquaint him of the evil Confequences that have happened amongft the
Difcontented in the Province, being thereby inflamed to Difobedience
and Obftinacy after their being well quieted and eafy, and that his Exc'y
doe demand Abraham Governeur by an Expreffe to be fent hither.
* * * « np^g Council recommend Capt. Thomas Clarke, a
Perfon qualified to goe Expreffe to Bofton, to demand Governeur."
This violent Perfecution of Leifler's Adherents was foon followed by a
Reaction, and the Perfon here denounced as an Incendiary, was in 1701
chofen Speaker of the General Affembly of New York.

1 153]
By Reafon whereof your Maties Peace is much dis
turbed, the Authority derived from the Crown
impaired, and the Strength of this yor Maties
Province weakened, which is humbly fubmitted,
with our continual Supplicacons to the Divine
Magefty for yor Maties long and happy Reigne
attended with an irrefiftible Conqueft over all your
Maties Enemyes. N. Bayard,
W Nicolls, Frederick Flypse,
Chid. Brooke, S. V. Courtlandt,
G. Mineville, John Lawrence.
New York, Feb. the 10 th, 1692.

9 At a Council held at ffbrt William Henry, the 1 7th of
March, 1692.
Prejent : His Excelly Ben : Fletcher, Ejq.
Ffred. Philips, f Chid. Brooke, )
Steph. Courtlandt, > EJqrs. John Lawrence, \ EJqrs.
Gab. Monvielle, ) Caleb Heathcote, )
His Excelly did fignify the Occafion of his calling
the Council together was an Opportunity for Mar
tin's Vineyard, did offer his Opinion that it may be
proper to fend Mr. Mayhew a Copy of the Cquncels
Report upon Sr William Phips Lre and the printed
Charter, to lett him know that his layd before their
Maties and defire him with the reft that are well
affected to the Government to prel'erve the Peace,
and act nothing by Sr William Phips Authority
20

[M4]
voluntarily, but what ffiall be forced upon him, and
from Time to Time as Occafion to fend Account
of it hither, which is approved off, and the Council
doe advife his Excelly accordingly.

INDEX.

^DDRESS to the King, i;o.
Admiralty, Decifion of a Court
of, 1 1 8.
Advice, when improper from a
Magiftrate, 46.
concerning relinquifhment of
Martha's Vineyard, 147.
Andros, Governor, Order of for
fettling Martha's Vine
yard, 62.
Note concerning the Family
of, 120.
Appeal from local Courts, when
allowed, 29, 42, 43, 86.
of Capt. John Gardner, 112.
Attachments, how and when grant
ed, 44.
T> ARNARD, Robert, a Partner
of Intereft of Thos. Barnard, 1 2.
Thomas, one of the ten Own
ers of Nantucket, 8,11.
Beers, Richard, Deed to, and oth
ers, 5.
Birthday of Duke of York the Be
ginning of Governor's Term,
at Nantucket, 27.
Blockhoufes, Orders concerning, 89.
Bofton, Warrant from, 145.

Bread may be exported, 34.
Brenton Mr., Claims to the Eliza
beth Ifles examined, 34.
Bunker William, Fac Simile of
fignature of, 77.
Bye Laws, Order for eftablifhing, 8 5
("MNNON to be fent to Nantuck-
^ et, 89.
Cattle fold to pay a fine, 1 1 6.
Charges againft Jofeph Coleman,
123.
Charter of New England, Extraft
from, 146.
Chief Magiftrate of Nantucket :
Triftram Coffin, 30.
Richard Gardner, 55, 114.
Thomas Macy, 114.
John Gardner, 116.
Chippaquiddick Ifland, Grant of, 7.
Coffin James, a Partner of Intereft
of Peter Coffin, 12.
Peter, one of the ten Owners
of Nantucket, 8, 1 1.
admits James as Partner of
his Intereft, 1 2.
chofen Affiftant, 94, 106.
Complaint againft, 106.
Triftram, Petition from, 60.

[i56]

Coffin Triftram, one of the ten
Owners of Nantucket, 8, n.
authorized to tranfaft Bufi-
nefs at New York, 24.
commiffioned as chief Ma
giftrate of Nantucket, 30.
Queftions propofed by, 62.
Petition and Propofals, 79.
Signature, Fac Simile of,
61, 80, 122.
Chief Magiftrate of Nan
tucket, 114.
Decifion of a Court of Ad
miralty, 119.
Apology and Statement of,
120.
Discharge from Judgment
of Court, 122.
Triftram Jr., a Partner of In
tereft of Stephen Green-
leaf, 12.
Coleman Jof., Charges againft, 123.
Cafe of remitted to Court
of Affize, 124.
admitted to half a Share in
Nantucket, 14.
Thomas, Fac Simile of Sig
nature, 77, 99.
Commiffion of Triftram Coffin as
Chief Magiftrate of Nan
tucket, 30.
Richard Gardner as do, 55.
John Gardner as Captain, 57.
to call Offenders to Account
on Martha's Vineyard,
&c, 65.
for purfuing a Pirate, 124.
Conftables to aft as Grand Jurors,
48.
Fees of regulated, 49.
Penalty for refufing to af
fift, 50.

Conftable, Penalty for ftriking, 50.
Duty of, 86.
Contempt of Court, how punifhed,
50.
Corn ufed in balloting at Eleftions,
91.
Council Minutes, 20, 32, 33, 34,
35, 83, 88, 145, 147,
H9. '53-
Courts eftablifhed by Council, z8.
when and where to be held, 42.
Order for eftablifhing, 85.
Jurifdiftion of, 86.
Irregular Proceedings of, 92.
to be accommodated at the
public Charge, 117.
"T\AGGETT Thomas, Petition
yj of, 66.
Fac Simile of Signature, 68.
Debtors may be fold in certain
Cafes, 44.
Decifion on Appeal of John Gard
ner, 113.
of a Court of Admiralty,
118.
Deeds of older Date than N. York
Patent how regarded, 5 1
64.
Defamation, how punifhed, 14.
Defection of Magiftrates complain
ed of, 149.
Difcharge of Triftram Coffin from
Sentence of Court, 122.
Disfranchifement of Captain John
Gardner, 1 1 1 .
Diforders during Occupation of N.
York by the Dutch, 65.
Doggett Jno., Deed to and others, 5.
Dongan Gov., Patent of to Nan
tucket, 128.
Drunkenness, how punifhed, 47.

[iS7)

JTDGARTON incorporated, 39.
Eleftions, irregularities in Pro
ceedings of, 91.
Elizabeth Ifles, Deed of, 3.
Wreck of a VefTel on, 20.
Claims to examined, 34.
Evidence, when allowed in Writ
ing. 45-
Excife, complaint of exceffive, 126.
pAC Simile of Signatures, of Wm.
Bunker, 77.
Triftram Coffyn, 61,80,122.
Thomas Coleman, 77, 99.
Thomas Doggert, 68.
Peter Foulger, 98.
John Gardner, no, 113.
Richard Gardner, 82, 99.
Thomas Macy, 77, 82, 103,
Matthew Mayhew, 61, 68,
80, m, 117.
Thomas Mayhew, 74.
Edward Starbuck, yj, 82, 99.
William Worth, 77, 94, 130.
Feathers fent as a Prefent to the
Governor, 58.
Fees of Marfhals, 117.
of Courts, Jurors and Witneflr
es, 44. 45. 46.49-
Fences, Towns to eftablifh Rules
concerning, 117.
Fine of Capt. John Gardner, in,
Irregularities in Returns, 1 26.
Flour may be exported, 34.
Foulger Peter, Sentence concern
ing, 115.
Foreigners to give Security in Pro-
fecutions, 44.
Forrett James, Deeds to Thomas
Mayhew as Agent of Stir
ling, 1, 2.
Foulger Peter, Notice of, 81,

Foulger Peter, Petition of, 89.
Order of Court concerning,94.
is imprifoned, 94.
relates the Condition and Feel
ing of the Indians, 95.
an Interpreter to Indians, 96.
Fac Simile of Signature, 98.
Statement of the Cafe of, 109.
French Ship, Wreck of, 1 1 8.
("GARDNER John, receives a
^"^ Seaman's Share in Nan
tucket, 17,
licenfed to purchafe of Indi
ans, 53.
commiflioned as Captain of a
Foot Company, 57.
Letter of to Governor, 103.
Sentence of, 1 1 o.
Appeal of, 112.
Decifion upon Appeal of, 113.
Fac Simile of Signature of,
no, 113,
Order concerning Sentence of,
114.
Reception of Governor's Or
der, 1 1 5,
Property fold to pay Fine of,
116.
elected Chief Magiftrate, 116.
Jofeph, receives a Tradefman's
Share in Nantucket, 15.
Complaint againft, 125.
Richard, receives a Seaman's
Share in Nantucket, 15.
licenfed to purchafe of In
dians, 53.
commiflioned Chief Magif
trate of Nantucket, 55.
Fac Simile of Signature,
82, gg.
General Court to be held, 28, 29.

[i58]

General Court, Laws eftablifhed
by, 42. 1 16.
when to meet, 42.
Fees regulated, 42.
Gorges Ferdinando, Deed from by
his Agent Vines, 4.
Gouverneur Abraham, Complaint
againft, 151.
Grand Jurors, who to aft as, 48.
Greenleaf Stephen, one of the ten
Owners of Nantucket, 8, 1 1.
admits Triftram Coffin Jr. as
Partner of his Intereft, 12.
U ALL Capt. Richard, and Oth
ers, to hold a Court of
Admiralty, 118.
Hides faved from a Wreck, 118.
Holland Nath'l, receives a Trades
man's Share in Nantuck
et, 16.
Huffey Chriftopher, one of the ten
Owners of Nantucket, 8,
1 1.
admits Robert Pyke as Partner
of his Intereft, 12.
Stephen, Petition of, 125.
IMPRISONMENT for Debt,
when allowed, 43, 44.
Indians, how governed, 29, 36, 39.
Conftables to be appointed
among, 29.
requefted to attend at New
York, 40. •
Trade with reftrifted. 48, 87,
89.
prohibited from purchafing
Liquors, 46.
when allowed to appeal, 50.
Numbers and relative Strength
of, 88.

Indians complain of Treatment of
Peter Foulger, 95, 96.
Abufes in Trade with, 100.
Influence of Liquor with, 101.
Trade in Powder with, 102.
Wars, Notice of, 103,
Difturbanccs among, 107.
Deed of Nantucket, 18.
Purchafes, Licenfes for, 37.
Names :
Nantican, 4.
Capawock, 4, 146, 148.
Tawanquatick, 6, 7.
Chappaquiddick, 6, 7.
Tequoncman, 6, 7.
Mafquetuck, 8, 9.
Monomack, 146.
Nafhayte, 8.
Newichwannock, 146.
Tuckanucket, 10, 27, 57.
Wanackmamack, I o, 1 8, 1 9.
Wiaquittaquay, 18.
Manamoy, 18.
Poquomock, 18.
Sagadahock, 146.
Inftruftions for the Government of
Martha's Vineyard, 38.
additional for Nantucket, 5 1 .
eftablifhing Courts and Bye
Laws, 85.
Intcftate Eftatcs how fettled, 46.
Ifle of Wight, No-Man's-Land
thus called, 32.
JUDGMENTS when entered,4S
J Jurifdiftion of Courts in civil
and criminal Cafes, 29.
local Courts extended, 53.
Juries, when to be allowed, 43.
Jury may be ordered, 1 1 7.
Copy of the Panel detained,
12S.

[i59]

TZNAPTON, Capt. Csfar, to
hold a Court of Admi
ralty, 1 1 8.
T AWS of Nantucket and Mar-
¦^ tha's Vineyard, 42, 116.
appointed at General Court,
116.
of England to be obferved, 28.
when to be followed, 5 1 .
Court may eftablifh local, 28.
Lands to be improved, 87.
Letter of Gov. Lovelace to Tho
mas Mayhew, 21.
of Attorney for Triftram Cof
fin, 24.
of Attorney for Thomas Ma
cy, 25.
from Gov. Lovelace to Gov.
of New Plymouth, 41.
from Secretary of New York
to Inhabitants of Nan
tucket, 58.
from Thos. Mayhew to Gov.
Andros, 68.
of Thomas Macy to Gov
ernor, 99.
of John Gardner to Govern
or, 103.
Licenfes for felling Liquors, how
granted, 47.
Liquors to be withheld from In
dians, 46.
Penalty for felling to Indians,
47-
Reftriftions upon Traffic, 47.
Traffic with Indians 100, 101.
exceffive Excife upon com
plained of, I 26.
Lovelace Gov., Letter of to Thos.
Mayhew, 21.
Letter of to Governor of New
Plymouth, 41.

Lovelace Gov., Commiffion from to
Triftram Coffin in Nan
tucket, 30.
TV/TACY Thomas, one of the ten
Owners of Nantucket, 8, 11.
admits Edward Starbuck as
Partner of his Intereft, 12.
receives a Tradefman's Share
in Nantucket, 15.
authorized to tranfaft Bufinefs
at New York, 25.
Fac Simile of Signatures of,
77, 82, 103.
Thomas, change in Politics of,
92, 105.
Letter of to Governor, 99.
Petition and Propofals of,
79-
Chief Magiftrate of Nan
tucket, 1 1 4.
Magiftrates, when improper for to
give Advice, 46.
Maintenance, Charge_of, 127.
Marfhals, Fees of, 1 1 7.
Martha's Vineyard, Deed of, 3.
Names of Perfons owning in, 6.
Grant of a Townfhip on, 7.
Government of, 35.
Thomas Mayhew to be Gov
ernor of for Life, 37.
Inftruftions for Government
of, 38.
Tilbury Manor erefted, 39.
Council Minutes concerning,
32> 33-
Government of eftablifhed,
33, 34-
Laws appointed by General
Court at, 1 16.
Commiffion to call Offenders
to Account on, 65.

[i6o]

Martha's Vineyard, Surrender of to
Maffachufetts oppofed,
'45, H9, »S2-
Mather Cotton, Notice of Peter
Foulger by, 89.
Mayhew Matthew, attends before
the Governor and Coun
cil at New York, 21.
to be paid on Account of
Right to Elizabeth Ifles,
34-
appointed Colleftor at Mar
tha's Vineyard, 37.
Fac Simile of Signature, 61,
68, 80, in, 117, 122.
Cjueftions propofed by, 62.
Petitions from, 60, 66.
Thomas, Deeds from James
Forrett, 1, 2.
Deed from Rich'd Vines, 4.
Deed to Parties on Martha's
Vineyard, 5.
Deed from of Nantucket to
nine Purchafers, 8.
Deed from of Tuckanucket
Ifland, 10. .
requefted to appear before
the Governor at New
York, 20, 21.
appointed Governor ofMar-
tha's Vineyard for Life,
•S9 'Li 'Si 'H
Claim to Elizabeth Ifles ex
amined, 34.
Anfwer to Propofals of, 35.
commiffioned as Chief Ma
giftrate of Martha's Vine
yard for Life, 37.'
inflrufted in Government of
Martha's Vineyard, 38.
recommended to Governor
of New Plymouth, 41.

Mayhew Thomas, Fac Simile of •
Signature, 74.
Letter to Gov. Andros, 68.
Lift of Defcendants of, 74.
Military Appointments, how to con
tinue, 52.
Mines, royal referved in Patent, 132,
'34-
Mufkets fent to Nantucket, &c, 88.
XTANTUCKET, Deed of. 1.
Deed to nine Purchafers, 8.
feveral Grants and Difpofals of
Land on, 1 1.
ten other Perfons admitted to
an Intereft in, 12.
ten Tradefmen and Seamen
admitted to an Intereft
in, 12.
Lots to be furveyed, 12, 13.
"William Worth admitted to
half a Share, 13, 15.
Jofeph Coleman admitted to
half a Share, 14.
Thos. Macy receives a Tradef-
man's Share, 15.
Richard Gardner receives a
Seaman's Share, 15.
Jofeph Gardner receives a
Tradcfman's Share, 15.
Nathaniel Holland receives a
Tradcfman's Share, 16.
John Gardner receives a Sea
man's Share, 17.
Indian Deed of, 18.
Propofals from Inhabitants for
fettling the Government 2 c
Anfwer of Council to thefe
Propofals, 27.
Courts, Jurifdiftion, &c. 2g
29. '' '
Lifts of Inhabitants ond Can
didates to be returned, 30"

Li6ij

Nantucket, Triftram Coffin Chief
Magiftrate of, 30.
additional Inftruftions for, 5 1 .
to be called Sherborne, 5 1 .
Deeds prior to New York
Patent invalid, 5 1 .
Letter to Inhabitants of, 58.
Petition of Inhabitants of, 75.
of Magiftrates of, 75,83, 84.
Inftruftions for eftablifhing
Courts and Bye Laws, 85.
Dongan's Patent of, 28.
Lovelace's Patent of, 1 29.
New England Charters, Extraft
from, 146.
Nicholls Matthias, Letter of to Nan
tucket, 58.
No-Man's-Land, Grants and De-
cifions of Council con
cerning, 31.
Notice to Perfons concerned in
Nantucket to appear at
New York, 23.

o

RDER concerning Sentence of
John Gardner, 114.
concerning Sentence of Peter
Foulger, 115.
for fettling Martha's Vineyard,
62.
for Court Records, 93.
concerning Gardner and Foul
ger, reception of, 115.
for Delivery of Pirates, 1 44.

DANEL of a Jury detained, 128.
Peague, a Girdle of, fent as a
Prefent to Governor, 108.
Petition of Triftram Coffin and
Matthew Mayhew, 60.
of Matthew Mayhew and Tho
mas Daggett, 66.

Petition of Mr. Coffin and Mr. Ma
cy, 79-
of Inhabitants of Nantucket,
75,83-
of Magiftrates of Nantucket,
81.
of Peter Foulger, 89.
of Stephen Huffey, 125.
Philip's Indian War, Notice of,
88,97.
Phips Sir William, Letters received
from, 146, 147.
Orders of to be refuted, 153.
Pierce Daniel, Deed to, and oth
ers, 5.
Pike William, one of the ten Own
ers of Nantucket, 8, 11.
Pirate, Commiffion for Purfuing,
124.
Order for Delivery of, 144.
Plymouth New, Letter to Governor
of, 41.
Powder fent to Nantucket, &c, 88.
Trade in with Indians com
plained of, 102.
Punifhments, how limited in the
local Courts, 29.
Pyke Robert, a Partner of Intereft
of Chriftopher Huffey,
12.
QUIT Rent of No-Man's-Land,
c^ one Barrel of Codfifh, 32.
of Martha's Vineyard, fix Bar
rels of Codfifh, two to
each Patent, 34.
of Tilbury Manor, two Bar
rels of Codfifh, 39.
of Edgartown, two Barrels of
Codfifh, 39.
of Nantucket, for two Years
paid, 58.

21

[ i6a]

T) ECORDS, Order for allowing
-^- Searches of, 78.
Copy of denied by Clerk, 126.
Riot, Charge of, 127.
Rum, taken from John Gardner, 107.
from Stephen Huffey, 125.
C ABBATH. Rules for obferving,
^ 1 17.
Sale of the Perfons of Debtors,
when allowed, 44.
Salvage allowed on Wreck, 1 1 9, 1 20.
Saufmares Seigniory, Note concern
ing, 120.
Sciff James, Depofition of, 123.
Seamen admitted to an Intereft in
Nantucket, 1 2.
Searches of Records authorized, 1 8.
Secretary, how paid, 49.
Sentence of John Gardner, no.
Sewan, Manufacture of to be encour
aged, 40.
Sherborne, the Town on Nantucket
to be thus called, 5 1 .
Patent of Town of, 128.
Smith Francis, Deed to and others, 5 .
John, Deed to and others, 5.
Starbuck Edward, a Partner of In
tereft of Thos. Macy, 12.
Fac Simile of Signature, 77,
82, 99.
Nathaniel, Depofition of, 1 23.
Subpoenas to fpecify whether the
Witnefs is to appear viva
voce, 45.
Surrender of Martha's Vineyard
oppofed, 145, 153.
Swayne Richard, one of the ten
Owners of Nantucket, 8,
1 1.
Thomas, one of the ten Own
ers of Nantucket, 8,11.
Swearing, how punifhed, 50.

T^ENURE of Grants of Nan-
-*- tucket, 131, 132.
Tifbury Manor granted to Thomas
and Matthew Mayhew,
39-
Tradefmen admitted to an Intereft
in Nantucket, 12.
Treafurer to be chofen on each Ifl
and, 49.
Tuckanucket Ifland, Deed of, 10.
joined with Nantucket in Go
vernment, 27.
Patent, when granted, 131.
"VACANCIES in Office, when
and how filled, 32.
Vines Richard, Deed from as Agent
of Sir F. Gorges, 4.
V\7"AMPUM, Trade encouraged
V and regulated, 40.
Watches, Orders concerning, 89.
Weights and Meafures regulated, 48.
West John, to hold a Court of Ad
miralty, 1 1 8.
Whale-drifts, &c, referved to the
Duke of York, 132.
Wheat, not to be exported, 34.
Wills, when to be proved, 50.
Winchefter Meafures to be Stand
ards, 48.
Witneffes, Fees of, 45.
Worth William, admitted to half a
Share in Nantucket, 13,15.
Fac Simile of Signature, jj,
94. iz°-
Complaint againft, 1 26.
charged with Maintenance, 1 27
charged with Riot, 128. '
Wrecks of Veffels, 20, 118. 119,
120.
Wreck, Decifion of a Court of Ad
miralty concerning, 1 18.
referved to Duke of York, 132.

2Ubaniae:
In OJictna Joelis Munfell,
Anno poji natum Ckriftum,
CID ID CCC LVII,
Menfe Januari.

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